G.R. No. 182237 - THE PEOPLE OF THE PHILIPPINES, VS. TERENCIO FUNESTO Y LLOSPARDAS.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the December 13, 2006 decision of the Court of Appeals in CA-G.R. CR.-H.C. No. 00415 MIN is hereby AFFIRMED with MODIFICATION. Appellant Terencio Funesto y Llospardas is found guilty beyond reasonable doubt of rape, and sentenced to suffer the penalty of reclusion perpetua. He is also ordered to pay AAA P50,000.00 as civil indemnity , P50,000.00 as moral damages, and P30,000.00 as exemplary damages. Costs against the appellant. SO ORDERED . Carpio, (Chairperson), Leonardo-De Castro, * Perez , and Sereno, JJ., concur. * Designated as Acting Member of the Second Division per Special Order No. 1006 dated June 10, 2011. [1] Penned by Associate Justice Sixto C. Marella, Jr., and concurred in by Associate Justices Edgardo A. Camello and Mario V. Lopez; rollo , pp. 4-13. [2] The accusatory portion of the Information reads: That on or about the 15 th day of January, 1992, at more or less 9:00 o'clock (sic) in the evening, in Barangay Marcos, Municipality of Magallanes, Agusan del Norte, Philippines, and within the jurisdiction of this Honorable Court, said accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of the complainant, AAA, a woman under 12 years old, against her will, to her damage and prejudice. CONTRARY TO LAW. (Records, p. 1.) [3] Docketed as Criminal Case No. 5142. [4] See REVISED PENAL CODE, Art. 335. [5] Pursuant to Republic Act No. ( RA ) 7610, "An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, and for Other Purposes"; RA 9262, "An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefore, and for Other Purposes"; Section 40 of A.M. No. 04-10-11-SC, known as the "Rule on Violence Against Women and Their Children," effective November 15, 2004; and People v. Cabalquinto , G.R. No. 167693, September 19, 2006, 502 SCRA 419, the real name of the rape victim is withheld and, instead, fictitious initials are used to represent her. Also, the personal circumstances of the victim or any other information tending to establish or compromise her identity, as well as those of her immediate family or household members, is not disclosed. [6] Records, p. 42. [7] TSN, November 11, 1992, pp. 3-4, 6, and 13. [8] Id . at 13. [9] Id . at 7. [10] Id . at 15-16. [11] Id . at 16-17. [12] TSN, November 9, 1992, p. 6; Exhibit "A," records, p. 5. [13] TSN, November 11, 1996, pp. 4-5, 17. [14] The dispositive portion of the decision reads: WHEREFORE, IN VIEW OF THE FOREGOING, the court hereby finds accused TERENCIO FUNESTO Y LLOPARDAS guilty beyond reasonable doubt for the crime of RAPE[,] as defined and penalized under Article 335 of the Revised Penal Code[,] and accordingly hereby sentences him to suffer the penalty of RECLUSION PERPETUA, condemning and ordering said accused to pay the victim AAA the amount of PhP100,000.00 as compensatory