G.R. No. 142564 - PEOPLE OF THE PHILIPPINES, VS. HILGEM NERIO Y GIGANTO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding accused Hilgem Nerio y Giganto guilty beyond reasonable doubt of Rape under Republic Act 8353 (Amending Article 335 of the Revised Penal code and Republic Act 7659), judgment is hereby rendered sentencing him to suffer Reclusion Perpetua, as well as the accessory penalty provided by law. Accused is further ordered to pay the private offended party Vilma Concel y Mijares: P50,000.00 as civil indemnity for the rape; P50,000.00, moral damages; and P50,000.00 exemplary damages. Accused being detained by reason of the instant case, the period of his preventive imprisonment shall be credited in his favor and deducted fully from the service of his sentence even if penalized with reclusion perpetua (People vs. Corpuz, 231 SCRA 480), provided he has agreed in writing to abide by the same disciplinary rules imposed upon convicted prisoners in accordance with Article 29 of the Revised Penal Code. SO ORDERED.