September 2009 - Philippine Supreme Court Resolutions
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[G.R. No. 179379 : September 23, 2009] PEOPLE OF THE PHILIPPINES VS. FERNANDO SISON Y BALTAZAR :
[G.R. No. 179379 : September 23, 2009]
PEOPLE OF THE PHILIPPINES VS. FERNANDO SISON Y BALTAZAR
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 23 September 2009:
G.R. No. 179379 - PEOPLE OF THE PHILIPPINES versus FERNANDO SISON y BALTAZAR.
Considering the allegations, issues and arguments in the present appeal, we resolve to DISMISS the appeal there being no reversible error committed by the Court of Appeals in its findings. However, the accused-appellant Fernando Sison y Baltazar is liable for simple rape through force and intimation under Article 266-A of the Revised Penal Code, as amended.
We also modify the award of exemplary damages from P20,000.00 to P30.000.00 in line with the Court's ruling in the case of People v, Begino (G.R. No. 181246, March 20, 2009), People v. Anguac (G.R. No. 176744, June 5, 2009) and People v. Cruz (G.R. No. 186129, August 4, 2009).
WHEREFORE, premises considered, the Court adopts the findings of fact and conclusions of law in the decision dated May 25, 2006 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 01539 which is hereby AFFIRMED with MODIFICATION. Accused-appellant Fernando Sison y Baltazar is found guilty beyond reasonable doubt of simple rape under Article 266-A of the Revised' Penal Code, as amended to which he is sentenced to suffer the penalty of reclusion perpetua. He is ordered to pay the private complainant P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P30,000.00 as exemplary damages and to pay the costs.
SO ORDERED.
WITNESS the Honorable Conchita Carpio Morales, Acting Chairperson, Honorable Consuelo Ynares-Santiago (designated additional member per S.O. No. 691 in lieu of Quisumbing, J., on sabbatical leave), Arturo D. Brion, Mariano C. Del Castillo and Roberto A. Abad, Members, Second Division, this 23rd day of September, 2009.
G.R. No. 179379 - PEOPLE OF THE PHILIPPINES versus FERNANDO SISON y BALTAZAR.
Considering the allegations, issues and arguments in the present appeal, we resolve to DISMISS the appeal there being no reversible error committed by the Court of Appeals in its findings. However, the accused-appellant Fernando Sison y Baltazar is liable for simple rape through force and intimation under Article 266-A of the Revised Penal Code, as amended.
We also modify the award of exemplary damages from P20,000.00 to P30.000.00 in line with the Court's ruling in the case of People v, Begino (G.R. No. 181246, March 20, 2009), People v. Anguac (G.R. No. 176744, June 5, 2009) and People v. Cruz (G.R. No. 186129, August 4, 2009).
WHEREFORE, premises considered, the Court adopts the findings of fact and conclusions of law in the decision dated May 25, 2006 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 01539 which is hereby AFFIRMED with MODIFICATION. Accused-appellant Fernando Sison y Baltazar is found guilty beyond reasonable doubt of simple rape under Article 266-A of the Revised' Penal Code, as amended to which he is sentenced to suffer the penalty of reclusion perpetua. He is ordered to pay the private complainant P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P30,000.00 as exemplary damages and to pay the costs.
SO ORDERED.
WITNESS the Honorable Conchita Carpio Morales, Acting Chairperson, Honorable Consuelo Ynares-Santiago (designated additional member per S.O. No. 691 in lieu of Quisumbing, J., on sabbatical leave), Arturo D. Brion, Mariano C. Del Castillo and Roberto A. Abad, Members, Second Division, this 23rd day of September, 2009.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
