G.R. No. 193188 - PEOPLE OF THE PHILIPPINES, VS. JUANITO APATTAD, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

ACCORDINGLY, this Court finds accused JUANITO APATTAD GUILTY beyond reasonable doubt of the crime of rape for three (3) counts in Criminal Cases Nos. 10172, 10174 and 10175 and hereby imposes upon him the penalty of RECLUSION PERPETUA for each case. He is further ordered to pay [AAA] the amount of One Hundred Fifty Thousand (P150,000.00) Pesos as civil indemnity. Accused is acquitted in Criminal Case No. 10173 for lack of sufficient evidence. No pronouncement as to costs. [39] On December 19, 2007, accused-appellant filed his Notice of Appeal [40] of the Decision dated October 24, 2007 rendered by the trial court. On April 15, 2008, the CA, where the case was docketed as CA-G.R. C.R.-H.C. No. 03173, issued a notice to file brief to the parties. [41] On September 5, 2008, accused-appellant filed his Brief for the Accused-Appellant , [42] while the People of the Philippines, through the Office of the Solicitor General, filed its Brief for the Plaintiff-Appellee [43] on March 27, 2009. Ruling of the Appellate Court As stated above, the CA, in its Decision [44] dated August 28, 2009, affirmed with modification the judgment of conviction by the trial court, the dispositive portion of which reads: WHEREFORE , in view of the foregoing, the instant appeal is DISMISSED . The assailed Decision of Branch 4 of the Regional Trial Court of Tuguegarao City in Criminal Case Nos. 10172, 10174 and 10175 is hereby AFFIRMED with the MODIFICATION that the civil indemnity awarded should be P75,000.00 for each count of rape. In addition, moral damages and exemplary damages in the amounts of P75,000.00 and Php25,000.00 respectively, for each count of rape are hereby awarded. SO ORDERED.