G.R. No. 124391 - PEOPLE OF THE PHILIPPINES, VS. ELMER YPARRAGUIRE Y SEPE, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the decision of the trial court finding accused-appellant guilty beyond reasonable doubt of the crime of Rape is AFFIRMED. Further, appellant is ORDERED TO PAY the complainant fifty thousand pesos (P50,000.00) as civil indemnity in ADDITION to the fifty thousand pesos (P50,000.00) moral damages. SO ORDERED Davide, Jr., C.J., (Chairman), Puno, Kapunan, and Pardo, JJ., concur. [1] The complaint reads: "That on the 24th day of March 1994, at about 11:00 o'clock in the evening, more or less, at Carrascal Public Market, Carrascal, Surigao del Sur, and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did, then and there, willfully, unlawfully and feloniously have carnal knowledge with one Charmelita Ruina, an invalid and mentally retarded girl, against the will of the latter, to the damage and prejudice of the victim." (Regional Trial Court (RTC) Records, p. 6) [2] The dispositive portion of the decision dated December 5, 1995 of RTC Branch 27, Tandag, Surigao del Sur penned by Judge Ermelindo G. Andal states: "WHEREFORE, finding accused Elmer Yparraguirre y Sepe guilty beyond reasonable doubt of the offense of Rape, the Court hereby sentences him to suffer the penalty of RECLUSION PERPETUA; to suffer the accessory penalties provided by law; to pay private complainant Charmelita I. Ruina the sum of Fifty Thousand (P50,000.00) Pesos as damages; and to pay the cost. "Accused being detained, he is credited in the service of his sentence with the full term of his preventive imprisonment, if he agreed in writing to abide by the same disciplinary rules imposed on convicted prisoners, otherwise four-fifths (4/5) thereof. "IT IS SO ORDERED.