August 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 192181 : August 03, 2011]
PEOPLE OF THE PHILIPPINES V. DANILO NIBASA Y CAGUTOM
G.R. No. 192181 (People of the Philippines v. Danilo Nibasa y Cagutom) - 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 October 8, 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 October 8, 2009 of the Court of Appeals in CA-G.R. CEB CR-H.C. No. 00388 and AFFIRMS said Decision finding appellant Danilo Nibasa y Cagutom guilty beyond reasonable doubt of two (2) counts of Rape sentencing him to suffer, in each count, the penalty of reclusion perpetua without eligibility for parole and to pay the victim, in each count, civil indemnity of Seventy-Five Thousand Pesos (P75,000.00) with MODIFICATION in the award of moral damages and exemplary damages, increasing the same to Seventy-Five Thousand Pesos (P75,000.00) and Thirty Thousand Pesos (P30,000.00), respectively, in accordance with the prevailing jurisprudence.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court