G.R. No. 211026 - PEOPLE OF THE PHILIPPINES, VS. RENATO B. SUEDAD, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises all considered, the court hereby rendered a judgment, as follows: a) In Criminal Case No. 116, it finds that the prosecution failed to present a clear and convincing evidence to sustain it in finding the accused guilty as he is charged, hence, the accused is hereby ACQUITTED. b) In Criminal Cases Nos. 115, 117 and 118, the court finds the evidence adduced by the prosecution as sufficient, clear and convincing to hold the accused criminally responsible as he is charged. Consequently, accused Renato Suedad y Bolivar is hereby found GUILTY beyond reasonable doubt of the crimes of rape he committed against the victim on October 20, 2008, on November 26, 2008 and that on March 20, 2009 . Accordingly, he is hereby sentenced to suffer the penalty of imprisonment of reclusion perpetua each in said cases . He is further ordered to pay his victim, the amount of P50,000.00 each case, as indemnity and the amount of P30,000.00 each case, as moral damages. [21] On intermediate review, the Court of Appeals rendered the assailed decision affirming with modification the trial court's judgment, to wit: WHEREFORE, the instant appeal is DENIED. The June 9, 2011 Decision of the Regional Trial Court, Branch 19. Isulan, Sultan Kudarat in Criminal Cases Nos. 115 and 117-118 is hereby AFFIRMED with MODIFICATION. Accused-appellant BBB is found GUILTY of qualified rape and is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole for each case. He is further ORDERED to pay AAA the amount of P75.000.00 as civil indemnity, P75,000.00 as moral damages and P30,000.00 exemplary damages on each count of rape with interest on all damages awarded at the legal rate of six percent (6%) per annum from the date of the finality of this Decision. [22] Appellant filed the instant appeal. In a Resolution [23] dated 31 March 2014, appellant and the Office of the Solicitor General (OSG) were asked to file their respective supplemental briefs if they so desired. Both parties no longer filed supplemental briefs. We affirm the appellant's conviction. Rape is committed as follows: Article 266-A. Rape; When and How commuted . - Rape is committed - 1. By a man who shall have carnal knowledge of a woman under any of the following circumstances: Through force, threat or intimidation; When the offended party is deprived of reason or otherwise unconscious; By means of fraudulent machination or grave abuse of authority; and When the woman is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. x x x x Article 266-B. Penalties - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. x x x x The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances: x x x x 1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consa