Philippine Supreme Court Resolutions


Philippine Supreme Court Resolutions > Year 2011 > April 2011 Resolutions > [G.R. No. 194947 : April 06, 2011] PEOPLE OF THE PHILIPPINES VS. BENJAMIN DY, ANTONIO TAN, JONATHAN BRAGA AND ELISEO BARREDO :




SECOND DIVISION

[G.R. No. 194947 : April 06, 2011]

PEOPLE OF THE PHILIPPINES VS. BENJAMIN DY, ANTONIO TAN, JONATHAN BRAGA AND ELISEO BARREDO

Sirs/Mesdames:

Please take notice that the Court, Second Division, issued a Resolution dated 06 April 2011 which reads as follows: 

G.R. No. 194947 (People of the Philippines vs. Benjamin Dy, Antonio Tan, Jonathan Braga and Eliseo Barredo). - The records of this case were elevated Lo this Court on January 70, 201 I, pursuant to the Court of Appeals Resolution dated October 20, 2010 which gave due course to the notice of appeal filed by accused-appellants Benjamin Dy, Antonio fail, Jonathan Braga and Eliseo Barredo.

In compliance with the Court's Resolution dated Februarv 9, 2011, both the accused-appellants and the OITice of the Solicitor General filed their respective manifestations and waiver stating that they were no longer filing their supplemental briefs with this Court; and that they were adopting all the allegations, issues and arguments adduced in their respective briefs filed before the Court of Appeals.

After a perusal of the records of the case, the Court resolves to DISMISS  the appeal for failure of the appellants to sufficiently show reversible error in the challenged decision to warrant the exercise of the Court's appellate jurisdiction.

WHEREFORE, the Court ADOPTS  the findings of fact and conclusion of law in the Decision dated September 23, 2010 of the Court of Appeals in CA-G.R. CR-H.C. No. 00079, finding accused-appellants Benjamin Dy, Antonio Tan, Jonathan Braga and Eliseo Barredo guilty beyond reasonable doubt of kidnapping for ransom defined and penalized under Article 267 of the Revised Penal Code, as amended by Republic Act No. 7659 and to suffer the penally of reclusion perpetua with no eligibility for parole pursuant to the provisions of Republic Act No. 9346. Nachura, J., no part due to prior action as Solicitor General; Bersamin, J., designated additional member per Raffle dated 31 January 2011.

SO ORDERED.

Very truly yours,

MA. LUISA L. LAUREA
  Clerk of Court

By:

(Sgd.) TERESITA AQUINO TUAZON
Asst. Clerk of Court




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