ChanRobles Virtual law Library

[G.R. No. 126916.October 5, 1999]

PEOPLE vs. MANAGAYTAY

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 5, 1999.

G.R. No. 126916(People of the Philippines vs. Nolino Bacong Managaytay.)

This resolves appellant Nolino Bacong Managaytay's Motion for Reconsideration of the decision promulgated in this case on March 25, 1999, finding him guilty of rape under Article 335 of the Revised Penal Code, as amended by Rep. Act. 7695, and sentencing him to suffer the supreme penalty of death and to pay indemnity of Seventy Five Thousand (P75,000.00) Pesos, pursuant to the ruling in People of the Philippines vs. Victor y Penis.

The Court is mindful of the constitutional requirement that the guilt of an accused must be proved beyond reasonable doubt. But here, the quantum of evidence on record satisfies the requirement. The theory of movant that the charge of rape against him was fabricated because he whipped Lorena three (3) times with the use of a rope, is not only anemic of evidentiary support, but, is too incredible to deserve faith and credit. Obviously, such a reason is too trivial for a woman of tender age to concoct a story against her own father, imputing against him an offense punishable by death.

WHEREFORE, the Motion for Reconsideration under consideration is denied for lack of merit.Davide, Jr., C.J., Bellosillo and Kapunan, JJ., are abroad on official Business.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE