November 2008 - Philippine Supreme Court Resolutions
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[G.R. No. 182346 : November 10, 2008] PEOPLE OF THE PHILIPPINES V. JAIME MOOG Y ALVAREZ, PRIMO ARENA Y GONZAGA, FELXCISIMO LAYGO Y TANYANG, EDGAR ALVAREZ Y ENRIQUEZ, ALMARIO ABRASALDO Y REYES, RUFO ASTERO Y MENDIONA, DOMINADOR TORANO Y FEROLINO, MANOLITO SANOOVAL Y CUETO:
[G.R. No. 182346 : November 10, 2008]
PEOPLE OF THE PHILIPPINES V. JAIME MOOG Y ALVAREZ, PRIMO ARENA Y GONZAGA, FELXCISIMO LAYGO Y TANYANG, EDGAR ALVAREZ Y ENRIQUEZ, ALMARIO ABRASALDO Y REYES, RUFO ASTERO Y MENDIONA, DOMINADOR TORANO Y FEROLINO, MANOLITO SANOOVAL Y CUETO
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 10 November 2008:
G.R. No. 182346: PEOPLE OF THE PHILIPPINES v. JAIME MOOG y ALVAREZ, PRIMO ARENA y GONZAGA, FELICISIMO LAYGO y TANYANG, EDGAR ALVAREZ y ENRIQUEZ, ALMARIO ABRASALDO y REYES, RUFO ASTERO y MENDIONA, DOMINADOR TORANO y FEROLINO, MANOLITO SANDOVAL y CUETO
Appellants were among those charged with the crime of Kidnapping for Ransom. Both the Regional Trial Court[1] and the Court of Appeals found the prosecution evidence sufficient to establish all the essential elements of the crime charged. Despite positive identification by the prosecution's witnesses, all appellants denied involvement in the said crime, interposing the defenses of denial and alibi. As positive assertions deserve more credence and are entitled to greater evidentiary weight, appellants were found guilty beyond reasonable doubt and sentenced to suffer the mandatory penalty of death and to pay the victim Channie Tan Son, jointly and severally P50,000.00, as moral damages. The Court of Appeals modified the penalty from death to reclusion perpetua without eligibility for parole in conformity with R.A. No. 9346."[2]
Considering the allegations, issues and arguments adduced, this Court resolves to DISMISS the instant appeal for failure to sufficiently show reversible error in the assailed decision to warrant the exercise of this Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision[3] dated 29 November 2007 of the Court of Appeals in CA-G.R. CR-H.C. No. 02037, finding appellants Jaime A. Moog, Primo G. Arena, Felicisimo T. Laygo, Edgar E. Alvarez, Almario R. Abrasaldo, Rufo M. Astero, Dominador F. Torano and Manolito C. Sandoval guilty beyond reasonable doubt of the crime of Kidnapping for Ransom defined and penalized under Article 267 of the Revised Penal Code, as amended by R.A. No. 7659: and AFFIRMS said Decision.
G.R. No. 182346: PEOPLE OF THE PHILIPPINES v. JAIME MOOG y ALVAREZ, PRIMO ARENA y GONZAGA, FELICISIMO LAYGO y TANYANG, EDGAR ALVAREZ y ENRIQUEZ, ALMARIO ABRASALDO y REYES, RUFO ASTERO y MENDIONA, DOMINADOR TORANO y FEROLINO, MANOLITO SANDOVAL y CUETO
Appellants were among those charged with the crime of Kidnapping for Ransom. Both the Regional Trial Court[1] and the Court of Appeals found the prosecution evidence sufficient to establish all the essential elements of the crime charged. Despite positive identification by the prosecution's witnesses, all appellants denied involvement in the said crime, interposing the defenses of denial and alibi. As positive assertions deserve more credence and are entitled to greater evidentiary weight, appellants were found guilty beyond reasonable doubt and sentenced to suffer the mandatory penalty of death and to pay the victim Channie Tan Son, jointly and severally P50,000.00, as moral damages. The Court of Appeals modified the penalty from death to reclusion perpetua without eligibility for parole in conformity with R.A. No. 9346."[2]
Considering the allegations, issues and arguments adduced, this Court resolves to DISMISS the instant appeal for failure to sufficiently show reversible error in the assailed decision to warrant the exercise of this Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision[3] dated 29 November 2007 of the Court of Appeals in CA-G.R. CR-H.C. No. 02037, finding appellants Jaime A. Moog, Primo G. Arena, Felicisimo T. Laygo, Edgar E. Alvarez, Almario R. Abrasaldo, Rufo M. Astero, Dominador F. Torano and Manolito C. Sandoval guilty beyond reasonable doubt of the crime of Kidnapping for Ransom defined and penalized under Article 267 of the Revised Penal Code, as amended by R.A. No. 7659: and AFFIRMS said Decision.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] Regional Trial Court, Branch 88, Quezon City in Criminal Case No. Q-99-87470.
[2] CA rollo, p. 258.
[3] Rollo, pp. 2-18.