G.R. No. 131636 - PEOPLE OF THE PHILIPPINES, VS. ARTEMIO INVENCION Y SORIANO.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, in the absence of sufficient proof of AAAs minority, Artemio cannot be convicted of qualified rape and sentenced to suffer the death penalty. He should only be convicted of simple rape and meted the penalty of reclusion perpetua . As regards the civil liability of Artemio, the awards of moral damages in the amount of P 50,000 and exemplary damages in the amount of P 25,000 are insufficient. Civil indemnity, which is mandatory upon the finding of the fact of rape, [33] should also be awarded. In simple rape, the civil indemnity for the victim shall not be less than P 50,000. WHEREFORE , the decision of the Regional Trial Court, Branch 65, Tarlac, Tarlac, in Criminal Case No. 9375 is hereby AFFIRMED with the modification that that accused Artemio Invencion y Soriano is held guilty beyond reasonable doubt as principal of the crime of simple rape, and is sentenced to suffer the penalty of reclusion perpetua and to pay the victim AAA the sums of P 50,000 as indemnity; P 50,000 as moral damages; and P 25,000 as exemplary damages. Costs de oficio . SO ORDERED.