FIRST DIVISION
[G.R. No. 235897. June 6, 2018.]
DENNIS SARMIENTO y GONZALVO, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 6, 2018which reads as follows:
"G.R. No. 235897 (Dennis Sarmiento y Gonzalvo v. People of the Philippines). — The motion for extension of time to file petition for review on certiorari filed by petitioner is GRANTED. cDHAES
Nevertheless, upon review of the records, the Court resolves to DENY the petition for failure of petitioner to show any reversible error in the assailed ruling. Both the Regional Trial Court and the Court of Appeals (CA) found that petitioner committed the crimes of robbery and rape by sexual assault upon AAA. Absent any clear showing of abuse, arbitrariness, or capriciousness committed by the lower court, its findings of facts, especially when affirmed by the CA, as in this case, are accorded respect, if not finality, and are considered binding on this Court.
WHEREFORE, premises considered, the petition is DENIED. The May 22, 2017 Decision and November 3, 2017 Resolution of the Court of Appeals in CA-G.R. CR No. 38100 are hereby AFFIRMED.
SO ORDERED." Leonardo-De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Tijam, J., on official leave;Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court