G.R. No. 232071 - PEOPLE OF THE PHILIPPINES, VS. BBB, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered, the Court finds accused, [BBB], GUILTY beyond reasonable doubt of two (2) counts of qualified rape and two (2) counts of sexual abuse under Section 5(b), Article III, of Republic Act No. 7610. In Criminal Case No. 2012-4969, he is hereby sentenced him (sic) to suffer the penalty of reclusion perpetua without the benefit of parole, and to pay [AAA] P75,000.00 as civil indemnity; P75,000.00 as moral damages; and P30,000.00 as exemplary damages. In Criminal Case No. 2012-4970, he is hereby sentenced him (sic) to suffer the penalty of reclusion perpetua without the benefit of parole, and to pay [AAA] P75,000.00 as civil indemnity; P75,000.00 as moral damages; and P30,000.00 as exemplary damages. In Criminal Case No. 2012-4972, he is hereby sentenced to suffer the indeterminate penalty of eight (8) years and one (1) day of prision mayor , as minimum, to eighteen (18) years of reclusion temporal , as maximum; to pay a fine of P15,000.00; and to pay [AAA] P20,000.00 as civil indemnity and P15,000.00 as moral damages. In Criminal Case No. 2012-4973, he is hereby sentenced to suffer the indeterminate penalty of eight (8) years and one (1) day of prision mayor , as minimum, to eighteen (18) years of reclusion temporal , as maximum; to pay a fine of P15,000.00; and to pay [AAA] P20,000.00 as civil indemnity and P15,000.00 as moral damages. In the service of his sentences, the accused is hereby credited with the full time during which he has undergone preventive imprisonment, provided that he agreed voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. [10] In its Decision dated February 9, 2017, the CA affirmed, with modification, the RTC ruling, and disposed of the case as follows: WHEREFORE, the Joint Judgment dated 27August 2015 issued by Branch 27 of the Regional Trial Court, xxxxxxxxxxx in Criminal Cases Nos. 2012-4969 (for Rape), 2012-4970 (for Rape), 2012-4972 (for Child Abuse) and 2012-4973 (for Child Abuse) is hereby AFFIRMED with MODIFICATION. In Criminal Cases Nos. 2012-4969 and 2012-4970 , the awards of civil indemnity ex delicto, moral and exemplary damages against AAA are hereby increased to Php 100,000.00 each in both cases. In Criminal Cases Nos. 2012-4972 and 2012-4973 , the accused-appellant [BBB] is hereby sentenced to suffer the penalty of reclusion perpetua , without eligibility of parole, in both cases. He is likewise ordered to pay the private offended party [AAA], in both cases, as follows: P15,000.00 as fine, P20,000.00 as civil indemnity, P15,000.00 as moral damages and P15,000.00 as exemplary damages. The accused-appellant [BBB] is further ordered to pay interest on all damages awarded at the rate of 6% per annum from finality of this decision until fully paid. SO ORDERED.