September 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 394232 : September 07, 2011]
PEOPLE OF THE PHILIPPINES VS. JAY-AR R. BOADO
G.R. No. 394232: PEOPLE OF THE PHILIPPINES vs. JAY-AR R. BOADO
After a careful review of the records of the case, the Court finds no reversible error in the assailed Decision. However, the Court reduces the award of civil indemnity from P75,000 to P50,000 and the award of moral damages from P75,000 to P50,000, pursuant to prevailing jurisprudence. The Court deletes the award of exemplary damages because the use of a knife was not alleged in the Information and not proved during the trial.cralaw
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the 22 March 2010 Decision of the Court of Appeals in CA-G.R. CR-HC No. 03232 finding appellant Jay-Ar R. Boado guilty beyond reasonable doubt of the crime of rape and AFFIRMS said Decision with the following MODIFICATIONS: (1) the award of civil indemnity is reduced from P75,000 to P50,000; (2) the award of moral damages is reduced from P75,000 to P50,000; and (3) the award of exemplary damages is deleted.cralaw
SO ORDERED. (Sereno, J., on leave, Peralta, J., designated Acting Member per Special Order No. 1074 dated 6 September 2011; Reyes, J., on official leave, Mendoza, J., designated Acting Member per Special Order No. 1066 dated 23 August 2011)cralaw
Very truly yours,
MA. LUISA L. LAUREA
Division Clerk of Court
By:
(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court