March 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 193389 : March 28, 2011]
PEOPLE OF THE PHILIPPINES VS. DANILO HALLASGO Y SUNGKIT
G.R. No. 193389 (People of the Philippines vs. Danilo Hallasgo y Sungkit). - The records of this case were elevated to this Court on August 2, 2010, pursuant to the Court of Appeals Resolution dated June 28, 2010 which gave due course to the notice of appeal filed by accused-appellant Danilo Hallasgo y Sungkit.
In compliance with the Court's Resolution dated October 13, 2010, 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 Danilo Hallasgo is additionally ordered to pay the amount of Thirty Thousand Pesos (P30,000.00) as exemplary damages.[1]
WHEREFORE, the Court ADOPTS the findings of fact and conclusion of law in the Decision dated February 26, 2010 of the Court of Appeals in CA-G.R. CR-HC No. 00128-MIN, finding accused-appellant Danilo Hallasgo y Sungkit 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 Danilo Hallasgo y Sungkit shall suffer the penalty of reclusion perpetua and to pay the victim the amount of Fifty Thousand Pesos (P50,000.00) by way of civil indemnity, Fifty Thousand Pesos (P50,000.00) as moral damages, and Thirty Thousand Pesos (P30,000.00) as exemplary damages.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
Endnotes:
[1] People vs. Toriaga, G.R. No. 177145, February 9, 2011.