G.R. Nos. 136840-42 - THE PEOPLE OF THE PHILIPPINES, VS. ROMEO NAVARETTE Y AQUINO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , judgment is hereby rendered AFFIRMING the decision of the Regional Trial Court of Bayombong, Nueva Vizcaya, Branch 28 in Criminal Cases No. 2901, No. 2902 and No. 2903 finding accused-appellant Romeo Navarette y Aquino guilty beyond reasonable doubt of the crime of rape on 3 counts, and imposing upon him the penalty of death in each of the three cases. Appellant is likewise ordered to indemnify the victim, Massachusette Navarette the amount of P75,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages also in each of the three cases, or a grand total of P450,000.00. Under Republic Act No. 7659, when, by reason or on the occasion of the rape, homicide is committed, the penalty shall be death. [24] Four Justices of the Supreme Court maintain their position that the law, insofar as it prescribes the death penalty, is unconstitutional; nevertheless, they submit to the ruling of the majority that the law is constitutional and that the death penalty could thereby be imposed.In accordance with Section 25 of Republic Act No. 7659, amending Article 83 of the Revised Penal Code, upon finality of this decision, let the records of this case be forthwith forwarded to the Office of the President for possible exercise of the pardoning power. SO ORDERED.