August 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 188699 : August 17, 2011]
PEOPLE OF THE PHILIPPINES V. RICKY SAMPER Y AGAPAN
G.R. No. 188699 (People of the Philippines v. Ricky Samper y Agapan) - Considering the allegations, issues and arguments presented in the appeal, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision dated March 25, 2009 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 March 25, 2009 of the Court of Appeals in CA-G.R. CR-HC No. 03118 and AFFIRMS said Decision finding appellant Ricky Samper y Agapan guilty beyond reasonable doubt of the crime of Qualified Rape as defined and penalized under Article 266-A and 266-B of R.A. No. 8353, otherwise known as the Anti-Rape Law of 1997, sentencing him to suffer the penalty of reclusion perpetua without eligibility for parole, and to pay the private complainant the amounts of P75,000.00 as civil indemnity and P75,000.00 as moral damages with MODIFICATION that the amount of exemplary damages awarded is increased to P30,000.00 in view of prevailing jurisprudence.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court