G.R. No. 124297 - PEOPLE OF THE PHILIPPINES, VS. ANTONIO SAYAO, JR. Y DE LEON, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, consistent with accused-appellant's right to be informed of the nature and cause of the accusation against him, these circumstances must be specifically pleaded or alleged with certainty in the information and proven during the trial. [27] In this case, while accused-appellant admitted that Jenny is his daughter, [28] the Court only has Jenny's bare testimony that she was born on February 9, 1978. [29] Her birth certificate was not presented in evidence. There is thus no sufficient evidence of her minority. [30] Accordingly, accused-appellant should be found guilty of simple rape and sentenced to reclusion perpetua . He must also be held liable for the corresponding civil indemnity and moral damages in addition to exemplary damages as held by the trial court. [31] WHEREFORE, the decision of the Regional Trial Court, Branch 31, San Pedro, Laguna is AFFIRMED with the MODIFICATION that accused-appellant Antonio Sayao, Jr. y de Leon is found guilty of thirty (30) counts of simple rape and is sentenced to suffer the penalty of reclusion perpetua for each count of rape, subject to the provisions of Art. 70 of the Revised Penal Code. He is further ordered to pay Jenny Sayao for each count of rape P50,000.00 as civil indemnity, P50,000.00 as moral damages, P30,000.00 as exemplary damages, and the costs. SO ORDERED.