G.R. No. 121378 - THE PEOPLE OF THE PHILIPPINES, VS. RONALD SUMAMPONG Y PARAJES, DONALD TE Y RANERIO, AURELIO RIVAS Y VERANO AND JOVY ORELLO Y TORRALBA

Ruling

WHEREFORE, in the light of all the foregoing considerations, this Court finds the accused: Ronald Sumampong y Parajes, of legal age, single, resident of Quezon Blvd., Davao City; Donald Te y Ranerio, of legal age, single, a resident of Quezon Blvd. and Jovy Orello y Torralba, a minor, a resident of Quezon Blvd., Davao City GUILTY beyond reasonable doubt of the crime of Rape defined and penalized under Art. 335, of the Revised Penal Code and accordingly order all accused, except Jovy Orello who appears to be under 18 years old at the time the offense was committed, to suffer the penalty RECLUSION PERPETUA with all the accessories provided by law. And as to the civil aspect of this case, the accused Ronald Sumampong and Donald Te are further ordered to each pay Annaliza Abella P50,000.00 by way of indemnity and another P50,000.00 as moral damages plus the cost. Jovy Orello who was born on June 21, 1977 (Birth Certificate, p. 43, Records) is therefore extended the benefit of the privileged mitigating circumstance of minority and the application of the Indeterminate Sentence Law. Accordingly he is hereby sentenced to suffer EIGHT (8) Years and ONE (1) day of Prision Mayor as Minimum and FOURTEEN (14) years and EIGHT (8) Months, ONE (1) day of Reclusion Temporal as Maximum together with the accessories provided by law; also, accuseds (sic) is further ordered to pay Annaliza Abella by way of indemnity the amount of P50,000.00 and P30,000.00 as moral damages. SO ORDERED.