Philippine Supreme Court Resolutions

G.R. No. 194231 (People of the Philippines vs. Bayani Martin).  - The records of this case were elevated to this Court on November 15, 2010, pursuant to the Court of Appeals Resolution dated July 15, 2010 which gave due course to the notice of appeal filed by accused-appellant Bayani Martin.

In compliance with the Court's Resolution dated December 13, 2010, both the accused-appellant and the Office of the Solicitor General filed their respective manifestations stating that they were no longer filing their Supplemental Briefs with this Court; and that they were adopting all the allegations, issues and arguments adduced in their respective briefs filed before the Court of Appeals (CA).

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 warranting the exercise of the Court's appellate jurisdiction.

WHEREFORE, the Court ADOPTS the findings of fact and conclusion of law in the Decision dated November 12, 2009 of the Court of Appeals in CA-G.R. CR-HC No. 03308, finding accused-appellant Bayani Martin guilty beyond reasonable doubt of rape and to suffer the penalty of reclusion perpetua with the accessory penalties provided under Article 41 of the Revised Penal Code and pay private complainant the amount of Fifty Thousand Pesos (P50,000.00) by way of civil indemnity, Fifty Thousand Pesos (P50,000.00) as moral damages. The period of preventive imprisonment the accused-appellant had undergone shall be credited in his favor subject to the conditions set forth under Article 29 of the Revised Penal Code.

SO ORDERED.

Very truly yours,

MA. LUISA L. LAUREA
  Clerk of Court

By:

(Sgd.) TERESITA AQUINO TUAZON
Asst. Clerk of Court