November 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 196241 : November 21, 2011]
PEOPLE OF THE PHILIPPINES v. ARIS ALLAWIGAN Y PAGULAYAN
G.R. No. 196241 (PEOPLE OF THE PHILIPPINES v. ARIS ALLAWIGAN y PAGULAYAN). - Considering the allegations, issues and arguments presented in the appeal, the Court resolves to DENY the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision dated October 21, 2010 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 21, 2010 of the Court of Appeals in CA-G.R. CR-H.C. No. 03015 and AFFIRMS said Decision finding appellant Aris Allawigan y Pagulayan guilty beyond reasonable doubt of three (3) counts of Rape under Article 266-B in relation to Article 266-A, paragraph 2 of the Revised Penal Code and sentencing him to suffer the following: (a) in Criminal Case No. 1070-M-00, of the crime of rape committed through the insertion of a finger, the indeterminate penalty of six (6) years of prision correccional as minimum to ten (10) years of prision mayor as maximum; (b) in Criminal Case No. 1071-M-00, of the crime of rape through carnal knowledge, the penalty of reclusion perpetua; and (c) in Criminal Case No. 1072-M-00, of the crime of rape through carnal knowledge, the penalty of reclusion perpetua and to indemnify the private complainant in the amount of PhP 50,000 for each count, with MODIFICATION that for Criminal Case No. 1071-M-00 and 1072-M-00, moral damages in the amount of PhP 50,000 and exemplary damages in the amount of PhP 30,000 for each case is awarded to the victim in view of prevailing jurisprudence.cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court