G.R. No. 183091 - PEOPLE OF THE PHILIPPINES, VS. BERNESTO DE LA CRUZ @ BERNING, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing, the Court finds BERNESTO DELA CRUZ guilty beyond reasonable doubt of the crime of Rape with Homicide defined and penalized under Article 335 of the Revised Penal Code as amended by R.A. 7659 and further amended by R.A. 8353 and renumbered as Article 266-A and 266-B of the Revised Penal Code and is hereby sentenced to DEATH. He is further ordered to pay the amount of P75,000.00 as civil indemnity to the heirs of [AAA] and the amount of P50,000.00 as moral damages. [11] On automatic review, the Court of Appeals in its December 28, 2007 Decision affirmed the RTCs Judgment with modification as to the award of damages. Moreover, the Court of Appeals found BBB to be a credible witness. It said that the minor inconsistencies in her testimony and the testimony of the other witness presented were not significant enough to warrant the acquittal of the appellant. In any event, it stated that appellants bare denial of his guilt against the positive testimony and categorical assertions of the prosecutions witnesses proved to be worthless since it was uncorroborated. [12] The Court of Appeals thus stated: WHEREFORE, the decision is AFFIRMED with the following MODIFICATIONS: BERNESTO DELA CRUZ alias BERNING shall suffer RECLUSION PERPETUA without eligibility for parole under the Indeterminate Sentence Law; BERNESTO DELA CRUZ alias BERNING is ORDERED to pay to the HEIRS OF [AAA], represented by her husband, [CCC], the sums of P50,000.00 as death indemnity; P50,000.00 as civil indemnity of rape; and P50,000.00 as exemplary damages. The rest of the decision stands. [13] Appellant filed his notice of appeal on January 30, 2008. [14] After appellants confinement was confirmed, both the Office of the Solicitor General (OSG) and appellant manifested that they would adopt the pleadings filed in the Court of Appeals in lieu of supplemental briefs. [15] We affirm the December 28, 2007 decision of the Court of Appeals with modification on the award of moral damages and exemplary damages. Appellant was charged and convicted of the complex crime of rape with homicide. The felony of rape with homicide is a special complex crime, that is, two or more crimes that the law treats as a single indivisible and unique offense for being the product of a single criminal impulse. [16] As provided in Articles 266-A and 266-B of the Revised Penal Code: Art. 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: a. Through force, threat or intimidation; b. When the offended party is deprived of reason or is otherwise unconscious; c. By means of fraudulent machination or grave abuse of authority; x x x x Article 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. x x x x When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death. The Court has ackn