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JurisprudenceG.R. No. 260708

PEOPLE OF THE PHILIPPINES, VS. ABC260708

En Banc

Cited Laws

RA 10591RA 8353,RA 11596RA 11479RA 10175RA 9208RA 9995RA 11313RA 11648RA 7080RA 9262RA 11053RA 9165RA 7877RA 9346,RA 6235RA 6235,RA 7569RA 9851RA 3019
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TL;DR — Ruling

WHEREFORE, in view of the above findings, accused [ABC260708 is hereby found GUILTY beyond reasonable doubt in: 1. Criminal Case No. 17006, for the crime of RAPE, defined and penalized under Article 266-A, paragraph 1-a, in relation Article 266-B, 2nd paragraph of the Revised Penal Code, as amended by [Republic Act No.] 8353.

Decision

Ruling

WHEREFORE, in view of the above findings, accused [ABC260708 is hereby found GUILTY beyond reasonable doubt in: 1. Criminal Case No. 17006, for the crime of RAPE, defined and penalized under Article 266-A, paragraph 1-a, in relation Article 266-B, 2nd paragraph of the Revised Penal Code, as amended by [Republic Act No.] 8353. The accused is sentenced to suffer the penalty of RECLUSION PERPETUA and to pay the private complainant the amount of ONE HUNDRED THOUSAND PESOS ([PHP] 100,000.00) as civil indemnity and the amount of ONE HUNDRED THOUSAND PESOS ([PHP] 100,000.00) as moral damages, and the amount of ONE HUNDRED THOUSAND PESOS ([PHP] 100,000.00) as exemplary damages; [2.] Criminal Case No. 17007, for the crime of RAPE THROUGH SEXUAL ASSAULT, defined and penalized under Article 266- A, paragraph (2) in relation to Article 266-B, last paragraph of the Revised Penal Code, as amended by [Republic Act No.] 8353. The accused is sentenced to suffer the indeterminate penalty of imprisonment of eight (8) years and one ( l) day to ten ( 10) years of prision mayor medium, as minimum, to fourteen (14) years[,] eight (8) months and one (1) day of reclusion temporal medium, as maximum. He is likewise ordered to pay the private complainant the amount of THIRTY THOUSAND PESOS ([PHP] 30,000.00) as civil indemnity, THIRTY THOUSAND PESOS ([PHP] 30,000.00) as moral damages, and THIRTY THOUSAND PESOS ([PHP] 30,000.00) as exemplary damages. Record shows that accused was under the custody of the Cagayan Provincial Jail, ███████, Cagayan. The preventive imprisonment of the accused during the pendency of this case shall be credited in full in his favor if he abided with the disciplinary rules upon convicted prisoners. SO ORDERED.