G.R. No. 139416 - PEOPLE OF THE PHILIPPINES, VS. ERNESTO HERMANES, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly should be sentenced to reclusion perpetua . As to the damages, the trial court failed to award civil indemnity in favor of private complainant. Inasmuch as the death penalty is not imposable in this case due to the deficiency in the allegations of the information against appellant, private complainant is only entitled to P50,000.00 as civil indemnity, in accordance with current rulings ( People vs. Bares , G.R. Nos. 137762-65, March 27, 2001; People vs. Lomibao, supra ). Likewise, appellant is liable to pay the rape victim the amount of P50,000.00 as moral damages, which is automatically granted in rape cases without need of pleading or proof of the basis thereof ( People vs. Alba , 305 SCRA 811 [1999]). WHEREFORE, the decision under review is hereby affirmed with the modifications that (a) appellant is found guilty beyond reasonable doubt only of the crime of simple rape, for which he is sentenced to suffer the penalty of reclusion perpetua ; (b) that appellant is ordered to pay the victim the amount of Fifty Thousand (P50,000.00) Pesos as civil indemnity and Fifty Thousand (P50,000.00) Pesos as moral damages. SO ORDERED.