THIRD DIVISION
[G.R. No. 203314. March 6, 2013.]
PEOPLE OF THE PHILIPPINES, petitioner, vs. BONIFACIO LABRADOR Y ECIJA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated March 6, 2013, which reads as follows:
"G.R. No. 203314 (People of the Philippines vs. Bonifacio Labrador y Ecija). — The Court resolves to NOTE:
(1) the Office of the Solicitor General's Manifestation (in Lieu of Supplemental Brief) dated January 8, 2013 that it is not filing a supplemental brief, considering that all the errors assigned in the appellant's brief dated August 23, 2007 had already been thoroughly refuted and discussed in its appellee's brief dated December 5, 2010; and
(2) the accused-appellant's Manifestation (in Lieu of Supplemental Brief) dated January 10, 2013 that he will no longer file a supplemental brief and he is adopting his appellant's brief filed before the Court of Appeals and willing to submit the case on the basis of the records already submitted in his behalf.
The records of this case were elevated to this Court on September 18, 2012, pursuant to the Resolution of the Court of Appeals (CA), dated May 25, 2012, which gave due course to the notice of appeal filed by accused Bonifacio Labrador y Ecija.
In compliance with the Court's Resolution, dated October 17, 2012, both the accused and the Office of the Solicitor General filed their respective manifestations stating that they were no longer filing any supplemental brief wish this Court, and that they were adopting all the allegations, issues and arguments adduced in their respective briefs filed before the CA.
After a perusal of the records of the case, the Court resolves to DISMISS the appeal from the December 9, 2011 CA Decision affirming the conviction of the accused for his failure to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction. Thus, the decision of the CA is affirmed in toto. EHTCAa
WHEREFORE, the Court AFFIRMS the Decision, dated December 9, 2011, of the Court of Appeals in CA-G.R. CR-HC No. 00369, finding Bonifacio Labrador y Ecija GUILTY beyond reasonable doubt of rape and sentencing him to suffer the penalty of reclusion perpetua without eligibility for parole and to pay his minor daughter civil indemnity in the amount of Seventy-Five Thousand Pesos (P75,000.00), moral damages in the amount of Seventy-Five Thousand Pesos (P75,000.00), and exemplary damages in the amount of Thirty Thousand Pesos (P30,000.00).
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court