June 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 195240 : June 08, 2011]
PEOPLE OF THE PHILIPPINES V. RAMON ALBA Y BUROG
G.R. No. 195240 (People of the Philippines v. Ramon Alba y Burog). - The records of this case were elevated to this Court on February 10, 2011, pursuant to the Court of Appeals Resolution dated September 1, 2010 which gave due course to the notice of appeal Filed by appellant Ramon Alba y Burog.
In compliance with the Court's Resolution dated February 28, 2011, 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 July 26, 2010 of the Court of Appeals in CA-G.R. CR-HC No. 02341, finding appellant Ramon Alba y Burog guilty beyond reasonable doubt of the crime of rape of a woman, without sufficient capacity to defend herself by reason of mental retardation, and with the .mental ability of only a 9-year-old child, in violation of Article 265 of the Revised Penal Code, in relation to Republic Act No. 8353, and sentencing him to suffer imprisonment for all his natural life or to reclusion perpetua, and AFFIRMS said decision.
SO ORDERED.
Very truly yours,
MA. LUISA L. LAUREA
Clerk of Court
By:
(Sgd.) TERESITA AQUINO TUAZON
Asst. Clerk of Court