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JurisprudenceG.R. Nos. 135511-13 -

G.R. Nos. 135511-13 - PEOPLE OF THE PHILIPPINES, VS. ENRICO MARIANO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

En Banc

Cited Laws

RA 7659RA 7659,RA 550,RA 555,RA 184,RA 8353RA 650,RA 122,
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TL;DR — Ruling

WHEREFORE , the appealed decision dated December 18, 1998 of the Regional Trial Court of Pasay City, Branch 109 in Criminal Cases Nos. 10343-SP, 10344-SP and 10345-SP finding accused-appellant Enrico Mariano guilty beyond reasonable doubt of three (3) counts of incestuous rape, is hereby AFFIRMED with the MODIFICATION that the penalty in Criminal Case No. 10343-SP is reduced to reclusion perpetua, and the accused-appellant is ordered to pay the victim, Jenalyn Mariano, in Criminal Cases Nos.

Decision

Ruling

WHEREFORE , the appealed decision dated December 18, 1998 of the Regional Trial Court of Pasay City, Branch 109 in Criminal Cases Nos. 10343-SP, 10344-SP and 10345-SP finding accused-appellant Enrico Mariano guilty beyond reasonable doubt of three (3) counts of incestuous rape, is hereby AFFIRMED with the MODIFICATION that the penalty in Criminal Case No. 10343-SP is reduced to reclusion perpetua, and the accused-appellant is ordered to pay the victim, Jenalyn Mariano, in Criminal Cases Nos. 10344-SP and 10345-SP the sum of P75,000.00 for each case and in Criminal Case No. 10343-SP the sum of P50,000.00 by way of civil indemnity, in addition to the sum of P50,000.00 as moral damages, and P25,000.00 as exemplary damages, for each of the three (3) counts of incestuous rape. In accordance with Sec. 25 of the RA 7659, amending Art. 83 of the Revised Penal Code, upon the finality of this Decision, let the records of Criminal Cases Nos. 10344-SP and 10345-SP be forthwith forwarded to His Excellency, the President of the Philippines for the possible exercise of his pardoning power. Costs de oficio. SO ORDERED.