June 2010 - Philippine Supreme Court Resolutions
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[G.R. No. 179281 : June 23, 2010] PEOPLE OF THE PHILIPPINES V. ARTURO HERRERO Y REYNALDO :
[G.R. No. 179281 : June 23, 2010]
PEOPLE OF THE PHILIPPINES V. ARTURO HERRERO Y REYNALDO
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 23 June 2010, which reads as follows:
G.R. No. 179281 (People of the Philippines v. Arturo Herrero y Reynaldo) - Considering the allegations, issues and arguments presented in the appeal, the Court resolves to DISMISS the appeal for failure ot sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision dated April 27, 2007 as to warrant the exercise of the Court's appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings and conclusions of law in the Decision dated April 27, 2007 of the Court of Appeals in CA-G.R. CR-H.C. No. 01928 and AFFIRMS said Decision finding appellant Arturo Herrero y Reynaldo guilty beyond reasonable doubt of two (2) counts of Rape sentencing him to suffer, in each count, the penalty of reclusion perpetua and to pay the victim, in each count, civil indemnity of Seventy-Five Thousand Pesos (P75,000.00) and moral damages amounting to Seventy-Five Thousand Pesos (P75,000.00), with MODIFICATION in the award of exemplary damages increasing the award of the same from Twenty-Five Thousand Pesos (P25,000.00) to Thirty Thousand Pesos (P30,000.00) in view of recent jurisprudence.
SO ORDERED.
G.R. No. 179281 (People of the Philippines v. Arturo Herrero y Reynaldo) - Considering the allegations, issues and arguments presented in the appeal, the Court resolves to DISMISS the appeal for failure ot sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision dated April 27, 2007 as to warrant the exercise of the Court's appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings and conclusions of law in the Decision dated April 27, 2007 of the Court of Appeals in CA-G.R. CR-H.C. No. 01928 and AFFIRMS said Decision finding appellant Arturo Herrero y Reynaldo guilty beyond reasonable doubt of two (2) counts of Rape sentencing him to suffer, in each count, the penalty of reclusion perpetua and to pay the victim, in each count, civil indemnity of Seventy-Five Thousand Pesos (P75,000.00) and moral damages amounting to Seventy-Five Thousand Pesos (P75,000.00), with MODIFICATION in the award of exemplary damages increasing the award of the same from Twenty-Five Thousand Pesos (P25,000.00) to Thirty Thousand Pesos (P30,000.00) in view of recent jurisprudence.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court