G.R. No. 235662 - THE PEOPLE OF THE PHILIPPINES, VS. XXX, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing and the prosecution having established to a moral certainty the guilt of the accused XXX , the Court hereby finds said accused GUILTY beyond reasonable doubt as principal, for two (2) counts of Rape under Article 266-A of the Revised Penal Code and for Lascivious Conduct under Section 5 (b) of Republic Act No. 7610 otherwise known as the " Special Protection of Children against Abuse, Exploitation, and Discrimination Act " and hereby sentences him as follows: 1. In Criminal Case No. 08-0581-2013 to suffer the penalty of Reclusion Perpetua without eligibility of parole and to pay the minor victim AAA the sum of Seventy Five Thousand Pesos (Php 75,000.00) as civil indemnity, Seventy Five Thousand Pesos (Php 75,000.00) as moral damages and Thirty Thousand Pesos (Php 30,000.00) as exemplary damages. 2. In Criminal Case No. 08-0630-2013 , to suffer the penalty of imprisonment of Ten (10) years and One (1) day of Prision Mayor , as minimum, to Seventeen (17) years and Four (4) months of Reclusion Temporal , as maximum. Accused is likewise ordered to pay BBB the sum of Fifteen Thousand Pesos (Php 15,000.00) as moral damages. 3. In Criminal Case No. 08-0631-2013 , to suffer the penalty of Reclusion Perpetua without eligibility of parole and to pay the minor victim BBB the sum of Seventy Five Thousand Pesos (Php 75,000.00) as civil indemnity, Seventy Five Thousand Pesos (Php 75,000.00) as moral damages and Thirty Thousand Pesos (Php 30,000.00), as exemplary damages. The period which the accused has undergone preventive imprisonment during the pendency of these cases shall be credited to him provided he agreed in writing to abide by and comply strictly with the rules and regulations imposed upon committed prisoners. The Jail Warden of the Bureau of Jail Management and Penology (BJMP), Lipa City, Batangas, is hereby directed to immediately commit herein accused to the National Penitentiary, Muntinlupa City, for him to serve his sentence. SO ORDERED.