October 2010 - Philippine Supreme Court Resolutions
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[G.R. No. 174338 : October 18, 2010] RODRIGO BANGI Y VENTURA VS. PEOPLE OF THE PHILIPPINES:
[G.R. No. 174338 : October 18, 2010]
RODRIGO BANGI Y VENTURA VS. PEOPLE OF THE PHILIPPINES
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 18 October 2010 which reads as follows:
Rodrigo Bangi y Ventura vs. People of the Philippines
Acting on the petition for review on certiorari assailing the May 30, 2006 Decision of the Court of Appeals (CA) in CA-G.R. CR No. 29111, which affirmed in tow the December 8, 2004 Decision of the Regional Trial Court (RTC) of Manila, Branch 18, in Criminal Case No. 02-205691, the Court resolves to DENY the petition for failure to sufficiently show that the CA committed any reversible error as to warrant the exercise by this Court of its appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings and conclusions of law in the May 30, 2006 Decision of the CA in CA-G.R. CR No. 29111 and AFFIRMS said decision finding petitioner Rodrigo Bangi y Ventura guilty beyond reasonable doubt of the crime of Homicide committed against the private complainant. However, there being neither mitigating nor aggravating circumstance attendant to the commission of the crime, the Court resolves to MODIFY the penalty imposed on the petitioner to the effect that petitioner Rodrigo Bangi y Ventura shall serve an indeterminate penalty ranging from six (6) years, and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum,[1] Nachura, J.. no part due to prior action as Solicitor General; Carpio Morales, J., designated additional member per Raffle dated 21 April 2008. Abad, J., on official leave; Leonardo-De Castro, J., designated additional member per S.O, No. 905.
Rodrigo Bangi y Ventura vs. People of the Philippines
Acting on the petition for review on certiorari assailing the May 30, 2006 Decision of the Court of Appeals (CA) in CA-G.R. CR No. 29111, which affirmed in tow the December 8, 2004 Decision of the Regional Trial Court (RTC) of Manila, Branch 18, in Criminal Case No. 02-205691, the Court resolves to DENY the petition for failure to sufficiently show that the CA committed any reversible error as to warrant the exercise by this Court of its appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings and conclusions of law in the May 30, 2006 Decision of the CA in CA-G.R. CR No. 29111 and AFFIRMS said decision finding petitioner Rodrigo Bangi y Ventura guilty beyond reasonable doubt of the crime of Homicide committed against the private complainant. However, there being neither mitigating nor aggravating circumstance attendant to the commission of the crime, the Court resolves to MODIFY the penalty imposed on the petitioner to the effect that petitioner Rodrigo Bangi y Ventura shall serve an indeterminate penalty ranging from six (6) years, and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum,[1] Nachura, J.. no part due to prior action as Solicitor General; Carpio Morales, J., designated additional member per Raffle dated 21 April 2008. Abad, J., on official leave; Leonardo-De Castro, J., designated additional member per S.O, No. 905.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
Endnotes:
Oriente vs. People, G.R. No. 155094, January 30, 2007.