G.R. No. 79679 - PEOPLE OF THE PHILIPPINES, VS. ENRIQUE CABINGAS AND REYNALDO DANTE ELLEVERA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the court finds guilty beyond reasonable doubt the accused Reynaldo Dante Ellevera, as principal, and ENRIQUE CABINGAS, as accomplice, of RAPE as charged, and defined and penalized in Article 335 (1) (2), Revised Penal Code; there being neither mitigating nor aggravating circumstance, hereby imposes upon the accused Reynaldo Dante Ellevera the penalty of RECLUSION PERPETUA , and the accessory penalties thereof; and to indemnify Susannah Joy Salvaña the amount of Twenty Thousand (P20,000.00) Pesos for moral damages. Upon the accused ENRIQUE CABINGAS, there being neither mitigating nor aggravating circumstance, and applying the Indeterminate Sentence Law, and Articles 18 and 52, in relation to Article 335, of the Revised Penal Code, the penalty imposed is an indeterminate penalty of Eight (8) Years and one (1) day, prision mayor, as minimum, to twelve (12) years and one (1) day, Reclusion temporal, as maximum; to indemnify the complainant Susannah Joy Salvaña the amount of Ten Thousand (P10,000.00) Pesos for moral damages. Both to pay proportionate costs. The case as against John Doe, at large, is provisionally dismissed. SO ORDERED.