THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RICHARD DUQUE Y CASTILLO, ACCUSED-APPELLANT.

Decisions / Signed Resolutions September 26, 2014 SECOND DIVISION SALAZAR-FERNANDO, J.:


SALAZAR-FERNANDO, J.:


For resolution is accused-appellant’s Motion for Reconsideration[1] of the Decision[2] of this Court dated September 26, 2014 which denied the appeal and affirmed the April 17, 2013 Decision of the RTC, Branch 199, Las Piñas City in Criminal Case No. 11-0130.

The People of the Philippines, through the Office of the Solicitor General, filed its Comment[3] thereto on November 28, 2014.

A judicious examination of the instant Motion for Reconsideration shows that the material arguments raised by accused-appellant are the same issues already presented in his Brief. Accused-appellant’s contentions on the matter of physical evidence, the effect on private complainant AAA’s self-esteem, and the designation of the crime as slight physical injuries have all been squarely addressed in the assailed Decision.[4] No new arguments not already considered and passed upon have been raised. Republic Act No. 7610 was enacted for the benefit and welfare of children to protect them from any form of maltreatment, and it is precisely these kinds of situations that the law seeks to address.

There being no substantial argument which would warrant the modification much less the reversal of this Court’s September 26, 2014 Decision, accused-appellant’s Motion for Reconsideration is hereby DENIED for lack of merit.

SO ORDERED.

Garcia, R.R., and Bueser, D.Q., JJ., concur.


[1] Rollo, pp. 130-136

[2] Rollo, pp. 109-126

[3] Rollo, pp. 138-141

[4] Rollo, pp. 115-126