October 2010 - Philippine Supreme Court Resolutions
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[G.R. No. 189835 : October 20, 2010] PEOPLE OF THE PHILIPPINES V. EUGENIO GATON Y GARALDE :
[G.R. No. 189835 : October 20, 2010]
PEOPLE OF THE PHILIPPINES V. EUGENIO GATON Y GARALDE
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 20 October 2010 which reads as follows:
G.R. No. 189835 (People of the Philippines v. Eugenio Gaton y Garalde). - The records of this case were elevated to this Court on October 29, 2009, pursuant to the Court of Appeals Resolution dated October 15, 2009 which gave due course to the notice of appeal filed by appellant Eugenio Gaton y Garalde.
In compliance with the Court's Resolution dated January 11, 2010, both the appellant and the Office of the Solicitor General filed their respective Manifestations stating that they are no longer filing their Supplemental Briefs with this Court; and that they are adopting all the allegations, issues and arguments adduced in their respective Briefs filed before the Court of Appeals.
After a perusal of the records of the case, the Court resolves to DISMISS the appeal for failure of the appellant to sufficiently show reversible error in the challenged decision to warrant the exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated September 17, 2009 of the Court of Appeals in CA-G.R. CR-H.C. No. 02962, finding appellant Eugenio Gaton y Garalde guilty beyond reasonable doubt of murder, and AFFIRMS said decision in toto. Abad, J., on official leave; Leonardo-De Castro, J., designated additional member per S.O. No. 905.
SO ORDERED.
G.R. No. 189835 (People of the Philippines v. Eugenio Gaton y Garalde). - The records of this case were elevated to this Court on October 29, 2009, pursuant to the Court of Appeals Resolution dated October 15, 2009 which gave due course to the notice of appeal filed by appellant Eugenio Gaton y Garalde.
In compliance with the Court's Resolution dated January 11, 2010, both the appellant and the Office of the Solicitor General filed their respective Manifestations stating that they are no longer filing their Supplemental Briefs with this Court; and that they are adopting all the allegations, issues and arguments adduced in their respective Briefs filed before the Court of Appeals.
After a perusal of the records of the case, the Court resolves to DISMISS the appeal for failure of the appellant to sufficiently show reversible error in the challenged decision to warrant the exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated September 17, 2009 of the Court of Appeals in CA-G.R. CR-H.C. No. 02962, finding appellant Eugenio Gaton y Garalde guilty beyond reasonable doubt of murder, and AFFIRMS said decision in toto. Abad, J., on official leave; Leonardo-De Castro, J., designated additional member per S.O. No. 905.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court