March 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 187046 : March 14, 2011]
PEOPLE OF THE PHILIPPINES V. ARSENIO LOMBOY
G.R. No. 187046 (PEOPLE OF THE PHILIPPINES v. ARSENIO LOMBOY).- 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 September 30, 2008 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 September 30, 2008 of the Court of Appeals in CA-G.R. CR-H.C. No. 02289 and AFFIRMS said Decision finding appellant Arsenio Lomboy guilty beyond reasonable doubt of three (3) counts of Qualified Rape penalized under the Revised Penal Code sentencing him to suffer the penalty of reclusion perpetua in each count of rape and to pay the victim the amounts of P75,000.00 as civil indemnity and P75,000.00 as moral damages in each count of rape with MODIFICATION that appellant is hereby ordered to pay the victim the increased amount of P30,000.00 as exemplary damages, in each count of rape, in view of prevailing jurisprudence. (Nachura, J., recused himself from the case due to prior participation as Solicitor General; Corona, C.J., designated additional member per Raffle dated May 25, 2009).
SO ORDERED.
Very truly yours,
MA. LUISA L. LAUREA
Clerk of Court
By:
(Sgd.) TERESITA AQUINO TUAZON
Asst. Clerk of Court