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JurisprudenceG.R. No. 142577 -

G.R. No. 142577 - PEOPLE OF THE PHILIPPINES, VS. RUPERTO RAMOS Y DELA CRUZ, ACCUSED-.D E C I S I O N - Supreme Court E-Library

En Banc

Cited Laws

RA 756RA 8353,RA 7659RA 714,RA 8353RA 213RA 45,RA 637RA 575RA 152,
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TL;DR — Ruling

WHEREFORE, this Court finds and so holds accused RUPERTO RAMOS to be GUILTY beyond reasonable doubt, of the crime of Rape as defined and penalized under Article 335 of the Revised Penal Code, as amended by R.A. 8353 with the attendant aggravating circumstances that ‘the victim is under eighteen years of age and the offender is a x x x relative by consanguinity or affinity within the the ( sic ) third civil degree. x x x’.

Decision

Ruling

WHEREFORE, this Court finds and so holds accused RUPERTO RAMOS to be GUILTY beyond reasonable doubt, of the crime of Rape as defined and penalized under Article 335 of the Revised Penal Code, as amended by R.A. 8353 with the attendant aggravating circumstances that the victim is under eighteen years of age and the offender is a x x x relative by consanguinity or affinity within the the ( sic ) third civil degree. x x x. Relative thereto, this Court cannot find a way to differ from the High Courts impression that of all the so-called heinous crimes, none perhaps more clearly provokes feelings of outrage, detestation and disgust than incestuous rape. ( People vs. Baculi , 246 SCRA 756) Accordingly, absent any circumstances that would mitigate the commission thereof, he is hereby sentenced to suffer the supreme penalty of DEATH by lethal injection. In line with established jurisprudence, the said accused is also ordered to indemnify the offended party AAA, in the sum of P 75,000.00 for moral damages. With costs against the accused. SO ORDERED.