G.R. No. 234190 - PEOPLE OF THE PHILIPPINES, V. FERDINAND DE GUZMAN Y BUHAY, ACCUSED-.

Ruling

accordingly, sentenced him to suffer the penalty of reclusion perpetua for each count, and to pay AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P25,000.00 as exemplary damages, for each count. [12] The RTC found that the prosecution, through AAA's positive and categorical testimony, was able to establish that Ferdinand indeed had carnal knowledge of her without her consent. On the other hand, it did not give credence to Ferdinand's defenses of denial and alibi for being self-serving, especially considering that by his own admissions, it was not physically impossible for him to be at the locus criminis when the crimes occurred. [13] Aggrieved, Ferdinand appealed [14] to the CA. The CA Ruling In a Decision [15] dated June 29, 2017, the CA affirmed the RTC ruling with the following modifications: (a) increasing the award of exemplary damages to P75,000.00; and (b) imposing on all monetary awards legal interest at the rate of six percent (6%) per annum from finality of the CA Decision until full payment. [16] It held that AAA's straightforward and categorical testimony explicitly identifying Ferdinand as the perpetrator prevails over the latter's unsubstantiated defenses of denial and alibi. [17] Hence, this appeal. The Issue Before the Court The issue for the Court's resolution is whether or not Ferdinand's conviction for two (2) counts of Statutory Rape should be upheld. The Court's Ruling The appeal is without merit. Time and again, it has been held that an appeal in criminal cases opens the entire case for review, and it is the duty of the reviewing tribunal to correct, cite, and appreciate errors in the appealed judgment whether they are assigned or unassigned. [18] The appeal confers the appellate court full jurisdiction over the case and renders such court competent to examine records, revise the judgment appealed from, increase the penalty, and cite the proper provision of the penal law. [19] Guided by this consideration, the Court finds it proper to modify Ferdinand's conviction to two (2) counts of Qualified Statutory Rape, as will be explained hereunder. Article 266-A (1) (d), in relation to Article 266-B (1), of the RPC, respectively read: Article 266-A. Rape: When and How Committed . Rape is committed By a man who shall have carnal knowledge of a woman under any of the following circumstances: x x x x d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. x x x x Article 266-B. Penalties . Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua . x x x x The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: 1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree