G.R. No. 176634 - PEOPLE OF THE PHILIPPINES, VS. ROMEO MIRANDA Y MICHAEL, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in light of the foregoing, the Prosecution having proved the guilt of the accused, ROMEO MIRANDA y MICHAEL, beyond reasonable doubt, he is hereby meted out the capital punishment of DEATH. He is likewise hereby ordered to pay the offended party, AAA, the amount of Seventy-Five Thousand [Pesos] (PhP75,000.00) as civil indemnity and Fifty Thousand Pesos (PhP50,000.00) as moral damages, without the necessity of proving the same. An award of Twenty-Five Thousand Pesos (PhP25,000.00) to complainant as exemplary damages is also in order, to deter fathers with perverse behavior from sexually abusing their daughters. The warden of the x x x Municipal Jail, xxx, is hereby directed to immediately transfer the accused to the Bureau of Corrections, New Bilibid Prisons, Muntinlupa City. [9] The records of this case were originally transmitted to this Court on automatic review. However, pursuant to People v. Mateo , [10] the Court remanded the records to the Court of Appeals for appropriate action and disposition, whereat it was docketed as CA-G.R. CR-HC No. 01953. In his brief, [11] Miranda made a lone assignment of error - that the RTC gravely erred in finding him guilty beyond reasonable doubt of the crime of rape. In its Decision dated October 31, 2006, the Court of Appeals affirmed the Decision dated February 13, 2004 of the RTC with the modification that the death penalty imposed on Miranda for the crime of rape be reduced to reclusion perpetua in view of the abolition of the death penalty; and that the amount of moral damages awarded to AAA be increased from P50,000.00 to P75,000.00. The fallo of the Decision of the appellate court reads: WHEREFORE, the trial court's Decision dated February 13, 2004 is affirmed, subject to the modification that in lieu of the death penalty, appellant is sentenced to suffer the penalty of reclusion perpetua and the amount of moral damages is increased from P50,000.00 to P75,000.00. [12] On March 2, 2007, the records of the case were forwarded to this Court for automatic review. [13] In the Resolution [14] dated March 28, 2007, the Court required the parties to file their respective supplemental briefs within thirty (30) days from notice, if they so desired. In separate Manifestations, dated June 14, 2007 [15] and June 15, 2007, [16] Miranda and the People, through the Office of the Solicitor General , respectively, both waived the filing of supplemental briefs and instead opted to stand by their respective briefs filed before the Court of Appeals. Rape is committed by having carnal knowledge of a woman under any of the following instances: (1) when force or intimidation is used; (2) when the woman is deprived of reason or is otherwise unconscious; and (3) when she is under twelve (12) years of age. [17] Both the RTC and the Court of Appeals found that Miranda committed rape under the first circumstance, i.e. , by having sexual intercourse with his 17-year old daughter with the use of force and intimidation. In