G.R. Nos. 133735-36 - PEOPLE OF THE PHILIPPINES, VS. LORENZO DIAZ, SR., ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding the evidence of the prosecution more than sufficient to prove accused, LORENZO DIAZ, SR., is guilty beyond reasonable doubt of the offense charged, pursuant to Sec. 11 of RA 7659 amending Art. 335 of the Revised Penal Code, in relation to par. 7 of said Rep. Act as well as sub. par. 1, to wit: 'When the victim is 18 years of age and the offender is a parent, ascendant, stepparent, guardian relative by consanguinity or affinity within the third civil degree or the common law spouse of the parent of the victim.' "Accordingly, in Crim. Case No. 38,262-97, accused LORENZO DIAZ, SR., pursuant to Sec. 24 of RA 7659, is sentenced to suffer the supreme penalty of death through lethal injection, in accordance with RA 8176, in the manner and procedure for its execution, in accordance to law. "In Crim. Case No. 38,263-97, accused LORENZO DIAZ, SR., is sentenced to suffer the penalty of reclusion perpetua, together with all accessory penalty as provided for by law. "Moreover, pursuant to Art. 100 of the Revised Penal Code, and in relation to Art. 104 thereof, accused is furthermore ordered, to pay complainants, LANIE and ANNIELY, all surnamed DIAZ, the amount of P30,000.00 each, by way of civil indemnity and reparation of the damage and wrong done to them, resulting [in] the filing of these cases, which brought on them untold sufferings as well as dishonor of [their] persons. "Pursuant finally, to Sec. 22 of RA 7659, par. 2 thereof, the Branch Clerk of Court of this court, is ordered to immediately elevate the entire records of these cases, with the Clerk of Court, Supreme Court, Manila, for the automatic review of the Supreme Court and issuance of its own decision en banc as the case may be. "SO ORDERED.