November 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 197547 : November 21, 2011]
PEOPLE OF THE PHILIPPINES v. BERLITO MODAR Y MARCELO
Please take notice that the Court, Third Division, issued a Resolution dated 21 November 2011, which reads as follows:cralaw
G.R. No. 197547 (People of the Philippines v. Berlito Modar y Marcelo). - The records of this case were elevated to this Court on July 19, 2011, pursuant to the Court of Appeals Resolution dated April 7, 2011 which gave due course to the notice of appeal filed by accused-appellant Berlito Modar y Marcelo.
In compliance with the Court's Resolution dated August 22, 2011, 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.
After a perusal of the records of the case, the Court resolves to DISMISS the appeal for failure of the accused-appellant to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction. Thus, the Decision of the Court of Appeals is affirmed with the modification that that the accused-appellant, Belito Modar y Marcelo, pay the victim the amount of Thirty Thousand Pesos (P30,000.00) as exemplary damages.cralaw
WHEREFORE, the Court AFFIRMS the Decision dated February 25, 2011 of the Court of Appeals in CA-G.R. C.R.-HC No. 03808, with the MODIFICATION that the accused-appellant pay the victim the amount of Thirty Thousand Pesos (P30,000.00) as exemplary damages.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court