G.R. No. 121212 - THE PEOPLE OF THE PHILIPPINES, VS. ARTEMIO CALAYCA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered finding accused ARTEMIO CALAYCA guilty beyond reasonable doubt as principal of the offense of rape defined and penalized by Article 335 of the Revised Penal Code as amended by Section 11 of Republic Act 7659. Consequently, he is hereby sentenced to suffer the extreme penalty of death, the private offended party being below 18 years of age (as she was 15 years of age at the time of the incident) and the accused being her parent, the same to be executed by electrocution as the facilities for gas poisoning is not yet provided by the Bureau of Prisons. In addition, accused is hereby ordered to pay the private offended party, Neddy Calayca, the sum of P50,000.00. In view of the penalty imposed, let the whole record of the case including the evidence oral and documentary be forwarded to the Honorable Supreme Court, Manila, for automatic review. In addition, let the living body of the accused be committed to the New Bilibid Prison, Muntinlupa, Metro Manila. SO ORDERED.