G.R. Nos. 152589 and 152758 - PEOPLE OF THE PHILIPPINES, VS. ANTONIO MENDOZA Y BUTONES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the assailed Decision of the court a quo in Crim. Cases Nos. 6636-G and 6637-G is MODIFIED : In Crim. Case No. 6636-G appellant ANTONIO MENDOZA y BUTONES is found guilty of ATTEMPTED RAPE and is sentenced to an indeterminate prison term of six (6) years, two (2) months and one (1) day of prision mayor minimum as minimum, to eighteen (18) years, four (4) months and ten (10) days of reclusion temporal maximum as maximum; to indemnify the victim Maricar T. Mendoza the sum of P30,000.00 as civil indemnity, plus P25,000.00 as moral damages and P10,000.00 as exemplary damages. In Crim. Case No. 6637-G we find appellant ANTONIO MENDOZA y BUTONES guilty of INCESTUOUS RAPE OF A MINOR as charged under Art. 266-B of The Revised Penal Code as amended by RA 8353 and is sentenced to the supreme penalty of death. He is also ordered to pay the victim Maricar T. Mendoza P75,000.00 as civil indemnity, another P75,000.00 as moral damages, and P25,000.00 as exemplary damages. In accordance with Sec. 25 of RA 7659 amending Sec. 83 of The Revised Penal Code, upon finality of this Decision let the records of this case be forwarded forthwith, to the President of the Philippines for the possible exercise of the pardoning power. Finally, as the circumstances demand immediate counseling and other remedial measures, let copy of this Decision be served upon the Department of Social Welfare and Development so the victim Maricar T. Mendoza may be extended such vital assistance for her healing, recovery and reintegration to society as a rape survivor under RA 8505, "The Rape Victim Assistance and Protection Act of 1998." Costs de oficio. SO ORDERED.