G.R. No. 240750 - PEOPLE OF THE PHILIPPINES, VS. XXX, ACCUSED-.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, the Decision dated May 11, 2017 of the Regional Trial Court, 10th Judicial Region, xxxxxxxxxxx of xxxxx , Misamis Oriental is AFFIRMED AND MODIFIED . Accused-appellant XXX is guilty beyond reasonable doubt of: 1. RAPE BY CARNAL KNOWLEDGE UNDER ARTICLE 266-A, PAR. 1 OF THE RPC AS AMENDED BY R.A. 8353 and shall suffer the penalty of Reclusion Perpetua . In addition, accused-appellant is ORDERED to indemnify the minor victim AAA in the amount of Seventy-Five Thousand (P75,000.00) pesos as civil indemnity, Seventy-Five Thousand (P75,000.00) Pesos as moral damages, and Seventy-Five Thousand (P75,000.00) Pesos as exemplary damages. Awards for damages shall earn the legal interest of six percent (6%) per annum from the date of finality of this [Judgment] until fully paid, in conformity with prevailing jurisprudence. 2. RAPE BY SEXUAL ASSAULT UNDER ARTICLE 266-A, PAR. 2 OF THE RPC, AS AMENDED BY R.A. 8353, and sentenced to an indeterminate penalty of twelve (12) years, ten (10) months and twenty-one (21) days of reclusion temporal , as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal , as maximum. He is ORDERED to pay the victim civil indemnity in the amount of P30,000.00, moral damages in the amount of P30,000.00, and exemplary damages in the amount of P30,000.00. Awards for damages shall earn the legal interest of six percent (6%) per annum from the date of finality of this [Judgment] until fully paid, in conformity with prevailing jurisprudence. He shall be entitled to the full credit of his preventive imprison­ment deducted from the term of imprisonment pursuant to existing laws. SO ORDERED.