Philippine Supreme Court Resolutions > Year 2009 > February 2009 Resolutions > [G.R. NO. 181033 : February 23, 2009] PEOPLE OE THE PHILIPPINES VS. ELEUTERIO DE TOMAS:

Quoted hereunder, for your information, is resolution of the First Division of this Court dated 23 February 2009

G.R. NO. 181033 (PEOPLE OE THE PHILIPPINES VS. ELEUTERIO DE TOMAS).- On the basis of 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 challenged decision in CA-G.R. CR-H.C. No. 02123 dated August 22, 2007.

IN VIEW WHEREOF, the Court hereby ADOPTS the findings of fact and conclusions of law in CA-G.R. CR-H.C. No. 02123 dated August 22, 2007, finding appellant Eleuterio De Tomas guilty beyond reasonable doubt of the crime of Rape under Art. 266-A of the Revised Penal Code in relation to Art. 266-B, 6^th par., sub. par. 1 in further relation to R.A. No. 8369, sentencing him to reclusion perpetua and ordering him to indemnify the private complainant Mylene Opinion in the amount of P50,000 as indemnity ex delicto and P50,000 as moral damages and to pay the costs.

WITNESS the Honorable Chief Justice Reynato S. Puno, Chairperson, Honorable Justice Antonio T. Carpio, Working Chairperson, Honorable Justices Renato C. Corona and Teresita Leonardo de Castro, Members, and Honorable Justice Arturo D. Brion, Additional Member [per S.O. No. 570], First Division, this 23^rd day of February, 2009.