G.R. No. 208646 - PEOPLE OF THE PHILIPPINES, VS. LORETO SONIDO Y CORONEL, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Wherefore, Premises Considered, Judgment is hereby rendered finding the Accused guilty beyond reasonable doubt of the crime of rape, defined and penalized under Article 266-A in relation to Article 266-B of the Revised Penal Code and hereby sentences the said Accused to suffer the penalty of RECLUSION PERPETUA and to pay Private Complainant [AAA] the sum of Seventy-Five Thousand (P75,000.00) Pesos as civil indemnity and Seventy-Five Thousand (P75,000.00) Pesos as moral damages. Under Article 29 of the Revised Penal Code, the Accused who is detained is hereby entitled to the full credit of his preventive imprisonment if he agreed voluntarily in writing to abide by the rules and regulations imposed upon convicted prisoners. If he did not agree, he shall be entitled to 4/5 of his preventive imprisonment. [10] On intermediate review, the Court of Appeals affirmed the RTC Decision and rendered the assailed decision affirming with modification the trial court's judgment, to wit: WHEREFORE, the appeal is DENIED . The assailed Judgment dated November 06, 2009 of the Regional Trial Court, 11th Judicial Region, Branch 12 of Davao City, in Criminal Case No. 55,993-05 is AFFIRMED with MODIFICATIONS that civil indemnity and moral damages be reduced to FIFTY THOUSAND (P50,000.00) PESOS and exemplary damages be awarded in the amount of THIRTY THOUSAND (P30,000.00) PESOS. An interest at the rate of six percent (6%) period shall be applied to the award of civil indemnity, moral and exemplary damages from the finality of the judgment until fully paid. [11] Appellant filed the instant appeal. In a Resolution [12] dated 09 October 2013, appellant and the Office of the Solicitor General (OSG) were asked to file their respective supplemental briefs if they so desired. Both parties dispensed with the filing of supplemental briefs. [13] The Court finds no reason to reverse appellant's conviction. Articles 266-A and 266-B of the Revised Penal Code, as amended by Republic Act (R.A.) No. 8353, [14] define and punish 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 crime charged was rape under paragraph 1 (d) of Article 266-A of the Revised Penal Code, as amended by R.A. No. 8353. 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. These are not ele