March 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 193508 : March 07, 2011]
PEOPLE OF THE PHILIPPINES VS. JOHN RIVERA
G.R. No. 193508 (People of the Philippines vs. John Rivera). � The records of this case were elevated to this Court on September 16, 2010, pursuant to the Court of Appeals Resolution dated August 27, 2010 which gave due course to the notice of appeal filed by accused-appellant John Rivera.
In compliance with the Court's Resolution dated October 4, 2010, both the accused-appellant 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 to warrant the exercise of the Court's appellate jurisdiction. Thus, the CA's decision is affirmed with modification that appellant is ordered to pay exemplary damages in the amount of Thirty Thousand Pesos (P30,000.00) in addition to the penalty already imposed.
WHEREFORE, the Court ADOPTS the findings of fact and conclusion of law in the Decision dated October 1, 2009 of the Court of Appeals in CA-G.R. CR-HC No. 00566, finding accused-appellant John Rivera guilty beyond reasonable doubt of murder and to suffer the penalty of reclusion perpetua and to pay the heirs of the victim the amount of Thirty-Four Thousand Six Hundred Nine Pesos and Fifty Two Centavos by way of actual damages (P34,609.52), Fifty Thousand Pesos (P50,000.00) as death compensation, Fifty Thousand Pesos (P50,000.00) as moral damages and Thirty Thousand Pesos (P30,000.00) exemplary damages.
SO ORDERED.
Nachura, J., on leave.
Perez, J., designated additional member per
S.O. No. 967.
Very truly yours,
MA. LUISA L. LAUREA
Clerk of Court
By:
(Sgd.) TERESITA AQUINO TUAZON
Asst. Clerk of Court