G.R. No. 134766 - PEOPLE OF THE PHILIPPINES, VS. ELPEDIO TORRES Y CAÑETE.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered finding herein accused ELPEDIO TORRES y CAÑETE GUILTY beyond reasonable doubt of the heinous crime of RAPE, as defined and penalized under Art. 335 (1), as amended by R.A. No. 7659, in relation to Art. 63, par. 2 (1), Revised Penal Code, which provides: In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof: 1. When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied; and also in relation to Art. 14 (6), Revised Penal Code which provides: 6. That the crime be committed in the nighttime, or in an uninhabited place, x x x whenever such circumstances may facilitate the commission of the offense; and is hereby sentenced to suffer the single individual penalty of DEATH, considering that he committed the crime of rape with the aggravating circumstances of nighttime and in an uninhabited place, without any mitigating circumstance; to pay the offended party the amount of P50,000.00 for the single count of sexual assault, (People vs. Tan, Jr., 264 SCRA 425); and to pay the costs. SO ORDERED.