G.R. NO. 169643 - PEOPLE OF THE PHILIPPINES, VS. FILOMINO L. VILLANUEVA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing, judgment is hereby rendered as follows: For Criminal Case No. 1288 : For failure of the prosecution to prove the guilt of the accused beyond reasonable doubt, judgment is hereby rendered acquitting him of the crime charged. For Criminal Case No. 1289 : The prosecution having successfully established the guilt of the accused beyond any cavil of doubt of the crime of rape, judgment is hereby rendered sentencing him to suffer the penalty of death by lethal injection. "If the crime of rape is committed where the victim is under eighteen (18) years of age and the offender is a parent x x x the imposition of the death penalty is mandatory." (People vs. Tanco, 284 SCRA 251). The accused is further ordered to pay, by way of indemnity the amount of Fifty Thousand Pesos (P50,000.00), Fifty Thousand Pesos (P50,000.00) as moral damages, and another Twenty- Five Thousand Pesos (P25,000.00) as exemplary damages. SO ORDERED.