June 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 194722 : June 01, 2011]
PEOPLE OF THE PHILIPPINES VS. JOSE MINA
G.R. No. 194722 (People of the Philippines vs. Jose Mina). - The records of this case were elevated to this Court on December 28, 2010, pursuant to the Court of Appeals Resolution dated August 19, 2010 which gave due course to the notice of appeal filed by accused-appellant Jose Mina.
In compliance with the Court's Resolution dated January 17, 2011, both the accused-appellants and the Office of the Solicitor General filed their respective manifestations 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 (CA).
After a perusal of the records of the case, the Court resolves to DISMISS the appeal for failure of the appellant to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction. Thus, the CA decision is affirmed with modification, in that, appellant Jose Mina is ordered to pay the victim P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages. [1]
WHEREFORE, the Court ADOPTS the findings of fact and conclusion of law in the Decision dated August 29, 2008 of the Court of Appeals in CA-G.R. CR-HC No. 02615, finding accused-appellant Jose Mina guilty beyond reasonable doubt of rape. However, the Court resolves to MODIFY the penalty imposed on the accused-appellant to the effect that accused-appellant Jose Mina shall suffer the penalty of reclusion perpetua and to pay the victim the amount of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages.
SO ORDERED.
Very truly yours,
MA. LUISA L. LAUREA
Clerk of Court
By:
(Sgd.) TERESITA AQUINO TUAZON
Asst. Clerk of Court
Endnotes:
[1] People vs. Jacinto, G.R. No. 182239, March 16, 2011.