G.R. No. 173510 - ERPASCUAL DIEGA Y PAJARES, VS. COURT OF APPEALS. [G.R. No. 174099] PEOPLE OF THE PHILIPPINES, VS. ERPASCUAL DIEGA Y PAJARES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, all premises considered, this Court resolves that the prosecution has successfully undertaken its burden to prove the guilt of the accused beyond reasonable doubt. Accordingly, accused Erpascual Diega y Pajares is hereby found GUILTY of the crime of Rape with Homicide as charged. In view thereof and pursuant to Article 335 of the Revised Penal Code as amended, considering that by reason or on occasion of the Rape, Homicide [was] committed, the accused is sentenced to suffer the penalty of DEATH by lethal injection. He is further directed to indemnify [the] heirs of "AAA" the sum of P50,000.00 for the latter's death, the amount of P42,000.00 for actual damages and the additional sum of P100,000.00 for moral damages. With costs against the accused. [7] The case was forwarded to this Court for automatic review and docketed as G.R. No. 138232. However, in consonance with our ruling in People v. Mateo , [8] the case was transferred to the CA for proper disposition. Ruling of the Court of Appeals The CA affirmed with modification the trial court's Decision and disposed as follows: WHEREFORE, in view of the foregoing, the Decision dated March 13, 1999 of the Regional Trial Court of Malolos, Bulacan, Branch 21 is AFFIRMED with MODIFICATION that the civil indemnity ex delicto be increased from P50,000.00 to P100,000.00 conformably with the ruling in People vs. Paraiso, 349 SCRA 335 . SO ORDERED.