February 2009 - Philippine Supreme Court Resolutions
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[G.R. No. 184051 : February 16, 2009] PEOPLE OF THE PHILIPPINES V. FEDERITO CAVE Y NOVERO, ET AL. :
[G.R. No. 184051 : February 16, 2009]
PEOPLE OF THE PHILIPPINES V. FEDERITO CAVE Y NOVERO, ET AL.
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 16 February 2009:
G.R. No. 184051 (People of the Philippines v. Federito Cave y Novero, et al.). - The records of this case were elevated to this Court on August 7, 2008, pursuant to the Court of Appeals Resolution dated March 31, 2008 which gave due course to the notice of appeal filed by appellants Federito Cave y Novero, et al.
Considering the allegations, issues, and arguments adduced in the appeal, the Court resolves to DISMISS the appeal for failure of the appellants to sufficiently show reversible error in the challenged decision to warrant the exercise of this Court's appellate jurisdiction, and for raising factual issues.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision of the Court of Appeals dated June 22, 2007 in CA-G.R. CR-H.C. No. 02389, finding appellants Federito N. Cave, Mamerto C. Obtenalla, Generoso O. Nuevo, Gerrydel O. Cave, Sanny N. Castante, James Bond O. Bucala and Richard B. Ordanez guilty beyond reasonable doubt, as principals, of kidnapping for ransom; appellants Eddie B. Obtenalla, Ernesto O. Cave, Elmer B. Garcia. Freddie C. Colobong, Amadeo N. Prado and Lolita P. Colobong guilty beyond reasonable doubt, as accomplices, of kidnapping for ransom; and appellants Richard B. Ordanez, Gerrydel O. Cave, James Bond O. Bucala and Generoso O. Nuevo guilty beyond reasonable doubt of the crime of robbery, and AFFIRMS said Decision.
SO ORDERED.
(Quisumbing, J., additional member per Special Order No. 564 dated February 12, 2009; Austria-Martinez, J., Acting Chairperson vice Ynares-Santiago, J., on official leave, per Special Order No. 563 dated February 12, 2009; Chico-Nazario, J., and Peralta, JJ.)
G.R. No. 184051 (People of the Philippines v. Federito Cave y Novero, et al.). - The records of this case were elevated to this Court on August 7, 2008, pursuant to the Court of Appeals Resolution dated March 31, 2008 which gave due course to the notice of appeal filed by appellants Federito Cave y Novero, et al.
Considering the allegations, issues, and arguments adduced in the appeal, the Court resolves to DISMISS the appeal for failure of the appellants to sufficiently show reversible error in the challenged decision to warrant the exercise of this Court's appellate jurisdiction, and for raising factual issues.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision of the Court of Appeals dated June 22, 2007 in CA-G.R. CR-H.C. No. 02389, finding appellants Federito N. Cave, Mamerto C. Obtenalla, Generoso O. Nuevo, Gerrydel O. Cave, Sanny N. Castante, James Bond O. Bucala and Richard B. Ordanez guilty beyond reasonable doubt, as principals, of kidnapping for ransom; appellants Eddie B. Obtenalla, Ernesto O. Cave, Elmer B. Garcia. Freddie C. Colobong, Amadeo N. Prado and Lolita P. Colobong guilty beyond reasonable doubt, as accomplices, of kidnapping for ransom; and appellants Richard B. Ordanez, Gerrydel O. Cave, James Bond O. Bucala and Generoso O. Nuevo guilty beyond reasonable doubt of the crime of robbery, and AFFIRMS said Decision.
SO ORDERED.
(Quisumbing, J., additional member per Special Order No. 564 dated February 12, 2009; Austria-Martinez, J., Acting Chairperson vice Ynares-Santiago, J., on official leave, per Special Order No. 563 dated February 12, 2009; Chico-Nazario, J., and Peralta, JJ.)
Very truly yours,
LUCITA ABJELINA-SORIANO
Clerk of Court
By:
(Sgd)WILFREJBO V. LAPITAN
Asst. Clerk of Court
LUCITA ABJELINA-SORIANO
Clerk of Court
By:
(Sgd)WILFREJBO V. LAPITAN
Asst. Clerk of Court