G.R. No. 171731 - PEOPLE OF THE PHILIPPINES, VS. JOVEN OCAMPO AND ERWIN MAGALLONES, ACCUSED.ERWIN MAGALLONES.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, accused JOVEN OCAMPO and ERWIN MAGALLONES having been found GUILTY beyond reasonable doubt of the crime of RAPE (Art. 335, R.P.C. as amended by R.A. 7659) absent any other mitigating or aggravating circumstances, are hereby sentenced as follows: (a) JOVEN OCAMPO to an indeterminate penalty of Ten (10) years and One (1) Day of prision mayor maximum, as minimum, to Seventeen (17) years and Four (4) Months of reclusion temporal medium, as maximum, to indemnify Diane Balesnomo in the amount of P50,000.00 as moral damages and another P25,000.00 as exemplary damages, and to pay the costs; (b) ERWIN MAGALLONES to a single indivisible penalty of RECLUSION PERPETUA, regardless of any mitigating or aggravating circumstances present; to indemnify Diane Balesnomo in the amount of P50,000.00 as moral damages and another P25,000.00 as exemplary damages, and to pay the costs. The period of preventive imprisonment already served by accused ERWIN MAGALLONES shall be credited in the service of his sentence in accordance with the provision of Art. 29 of the Revised Penal Code, as amended. SO ORDERED.