G.R. No. 270317 - PEOPLE OF THE PHILIPPINES, VS. XXX270317,** ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , in the light of all the foregoing, the Court finds the Accused [XXX270317] guilty beyond reasonable doubt, as principal, of the crime of Lascivious Conduct committed against [AAA270317] , defined under [Article] 336 of the Revised Penal Code, as amended, and penalized under Article III, Section 5(b) of Republic Act 7610, in relation to Section 2, paragraph "h" of its Implementing Rules and Regulations, there being no aggravating nor mitigating circumstances in attendance, (though accused is the father of the victim, it is not specifically alleged as an aggravating circumstance), hereby sentences him an indeterminate sentence of imprisonment ranging from 12 years and 1 day of Reclusion Temporal, as minimum, to 15 years, 6 months and 20 days also of Prision Temporal, as maximum , and to indemnify [AAA270317] the sum of Php 30,000.00 as moral damages, and to pay the costs of suit (Crim. Case No. 19564). Finding the Accused [XXX270317] guilty beyond reasonable doubt, as principal, of the crime of 2 counts of Rape (through Sexual Assault) committed against [AAA270317] , defined under Article 266-A(2) and penalized under Article 266-B of the Revised Penal Code, as amended by Republic Act 8353, there being no aggravating nor mitigating circumstances in attendance, he is hereby sentenced to suffer an indeterminate penalty of imprisonment ranging from 2 years and 4 months of Prision Correccional, as minimum, to 8 years and 1 day of Prision Mayor, as maximum , and to indemnify [AAA270317] the sum of Php 40,000.00, as civil indemnity ex-delicto, plus the sum of Php 40,000.00, as moral damages,. for. the mental and psychological sufferings she had undergone, for each case, and to pay the costs (Criminal Case Nos. 19908 and 19909). The aggravating circumstance of minority and relationship were not appreciated considering that they are not specifically alleged in the Information as such. Further, finding the Accused [XXX270317] guilty beyond reasonable doubt, as principal, of the crime of Rape committed against [BBB270317] , defined under Article 266-A(1) and penalized under Article 266-B of the Revised Penal Code, as amended by Republic Act 8353, there being no aggravating nor mitigating circumstance in attendance, he is hereby sentenced to suffer the penalty of Reclusion Perpetua , and to indemnify [BBB270317] the sum of Php 50,000.00, as civil indemnity ex­-delicto, plus the sum of Php 50,000.00, as moral damages, for the mental and psychological sufferings she had undergone, and to pay the costs (Criminal Case No. 19910). The aggravating circumstance of minority and relationship were not appreciated considering that they are not specifically alleged in the Information as such. Furthermore, finding the Accused [XXX270317] guilty beyond reasonable doubt, as principal, of the crime of 4 counts of Rape (through sexual assault) committed against [BBB270317] , defined under Article 266-A(2) and penalized under Article 266-B of the Revised Penal Code,