February 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 184700 : February 28, 2011]
PEOPLE OF THE PHILIPPINES VS. EFREN FRONDOZO Y ROCELLA
G.R. No. 184700 (People of the Philippines vs. Efren Frondozo y Rocella). - The records of this case were elevated to this Court on October 17, 2008, pursuant to the Court of Appeals Resolution dated May 02, 2008 which gave due course to the notice of appeal filed by accused-appellant Efren Frondozo.
In compliance with the Court's Resolution dated December 08, 2008, 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. Thus, the CA decision is affirmed except with respect to the award of exemplary damages, the amount of which should be increased from P25,000.00 to P30,000.00.[1]
WHEREFORE, the Court ADOPTS the findings of fact and conclusion of law in the Decision dated February 29, 2008 of the Court of Appeals in CA-G.R. CR-HC No. 02590, finding accused-appellant Efren Frondozo y Rocella guilty beyond reasonable doubt of rape. However, the Court resolves to MODIFY the penalty imposed on the accused-appellant to the effect that accused-appellant Efren Frondozo y Rocella shall suffer the penalty of reclusion perpetua 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, Thirty Thousand Pesos (P30,000.00) as exemplary damages.
Nachura and Peralta, JJ., on leave; Velasco, Jr. and Del Castillo, JJ., designated additional members per S. O. Nos. 933 and 954, respectively.
SO ORDERED.
Very truly yours,
MA. LUISA L. LAUREA
Clerk of Court
By:
(Sgd.) TERESITA AQUINO TUAZON
Asst. Clerk of Court
Endnotes:
[1] People v. Dalisay, G.R. No. 188106, November 25, 2009, 605 SCRA 807.