G.R. No. 206294 - PEOPLE OF THE PHILIPPINES, VS. CERILO "ILOY" ILOGON, ACCUSED-.RESOLUTION - Supreme Court E-Library

Ruling

WHEREFORE, the [c]ourt finds accused Cerilo "Iloy" Ilogon guilty beyond reasonable doubt of the crime of rape defined and penalized under Article 266-A and 266-B of the Revised Penal Code, as amended, and the said accused is hereby sentenced to suffer the penalty of reclusion perpetua. Moreover, the accused is sentenced to pay the victim the sum of FIFTY THOUSAND PESOS (P50,000.00) by way of moral damages and another sum of FIFTY THOUSAND PESOS (P50,000.00) by way of civil indemnity. [12] The Court of Appeals affirmed the RTC's evaluation of AAA's credibility and found no misapprehension or misappreciation of facts. The Court of Appeals however modified the section on damages, to wit: WHEREFORE , the May 12, 2010 Judgment rendered by the Regional Trial Court[,] Branch 37, Cagayan de Oro City in Criminal Case No. 2003-324 finding accused-appellant Cerilo Ilogon guilty beyond reasonable doubt of Rape and sentencing him to suffer the penalty of reclusion perpetua with all the accessory penalties is AFFIRMED with MODIFICATION as to damages. Accused-appellant is ORDERED to pay the victim the sum of: PhP75,000 as moral damages; Civil Indemnity of P75,000.00; and Exemplary damages of P30,000.00 with simple interest on the above damages accruing at the rate of six percent (6%) per annum from the finality of this decision until fully paid. [13] Now before the Court for final review, we affirm appellant's conviction. The law, in Articles 266-A and 266-B of the Revised Penal Code, as amended by Republic Act No. 8353, [14] defines and punishes rape as follows: Article 266-A. Rape; When and. How committed . - Rape is committed - 1. By a man who shall have carnal knowledge of a woman under any of the following circumstances: Through force, threat or intimidation; When the offended party is deprived of reason or otherwise unconscious; By means of fraudulent machination or grave abuse of authority; and When the woman is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. Article 266-B. Penalties - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua . x x x x The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances: x x x x 5) When the victim is a child below seven (7) years old; x x x x Statutory rape is committed by sexual intercourse with a woman below twelve (12) years of age regardless of her consent, or the lack of it to the sexual act. Proof of force, intimidation, or consent is unnecessary. The absence of free consent is conclusively presumed when the victim is below the age of twelve (12). Sexual congress with a girl under twelve (12) years old is always rape. At that age, the law presumes that the victim does not possess discernment and is incapable of giving intelligent consent to the sexual act. To convict an accused of the crime of statutory rape, the prosecution should prove: (1) the