September 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 192788 : September 05, 2011]
PEOPLE OF THE PHILIPPINES V. BERNARDO ARZOBAL Y DE ZUSA
G.R. No. 192788 (PEOPLE OF THE PHILIPPINES v. BERNARDO ARZOBAL y DE ZUSA). - Considering the allegations, issues and arguments presented in the appeal, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision dated April 16, 2010 as to warrant the exercise of the Court's appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings and conclusions of law in the Decision dated April 16, 2010 of the Court of Appeals in CA-G.R. CR-HC No. 01563 and AFFIRMS said Decision finding appellant Bernardo Arzobal y De Zusa guilty beyond reasonable doubt of the crime of Simple Rape as defined and penalized under Article 266-B, par, 1 of the Revised Penal Code, as amended by R.A. No. 8353, sentencing him to suffer the penalty of reclusion perpetua and to pay the private complainant the amounts of P50,000.00 as civil indemnity and P50,000.00 as moral damages, with MODIFICATION that the award of exemplary damages be increased to P30,000.00 in view of prevailing jurisprudence.cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court