l\epublic of tbe flbilippineii

6upreme Court
:fflanila

FIRST DIVISION

NOTICE

Sirs/Mesdames:

Please take notice that the Court, First Division, issued a Resolution
dated August 31, 2022, which reads as follows:

"G.R. No. 253284 (People of the Philippines v. .XXX1). - Accused-

appellant XXX challenges the August 19, 2019 Decision2 of the Court of
Appeals (CA) in CA-G.R. CR-HC No. 09510, which affirmed with
modification the February 24, 2017 Decision3 of the Regional Trial Court
(RTC) of ,4 Branch 70 in Criminal Case Nos. RTC-8778-I and
RTC-9000-I. The appellate court convicted accused-appellant of two counts
of Qualified Rape.

The Factual Antecedents

Accused-appellant was charged under the following Informations,5 the

accusatory portion of which reads :

Criminal Case No. RTC-8778-1

That on or about the 13 th day of May 2015, at about 11:00 o' clock in the
morning, in , Philippines, and within the
jurisdiction of this Honorable Court, the said accused with lewd design, through
threats and intimidation, did then and there willfully, unlawfully and feloniously

1 Initials were used to identify the accused-appe llant pursuant to the Supreme Court Amended
Administrative Circular No. 83-20 15 dated September 5, 20 I 7 entitled " Protocols and Procedures in the
Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders
using Fictitious Names/Personal Circumstances."
2 CA rollo, pp. 94-112. Penned by Associate Justice Elihu A. Ybanez and concurred in by Associate Justices
Maria Filomena D. Singh (now a Member of the Court) and Louis P. Acosta.
3 Id. at 45-52. Penned by Presiding Judge Marifi P. Chua.
4 Geographical location is blotted out pursuant to Supreme Court Amended Administrative C ircular No. 83-
201 5 .
5 Records, Vo lume I, pp. 2-3; Records, Volume II, pp. 2-3.

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Resolution 2 G.R. No. 253284
August 31, 2022

have carnal knowledge of his own daughter, 14-year old lass [AAA] 6 [private
complainant] against her will and consent, to the damage and prejudice of said
minor [AAA].

CONTRARY TO LAW. 7

Criminal Case No. RTC-9000-I

That in or about the month of June 2013, in

- Philippines and within the jurisdiction of this Honorable Court, the
said accused, with lewd design, through threats and intimidation, did then and
there willfully, unlawfully and feloniously have carnal knowledge of his own
daughter, 12 year old lass [AAA), against her will and consent, to the damage
and prejudice of said minor [AAA].

CONTRARY TO LAW. 8

Accused-appellant pleaded not guilty to the charges upon arraignment.

Thereafter, the pre-trial was conducted and subsequently a joint trial ensued.9

The prosecution presented private complainant, her brother, BBB, and

Dr. Milagrina M. Mayor (Dr. Mayor) as its witnesses. 10 On the other hand, the
defense presented accused-appellant as its witness. 11

Version of the Prosecution

Private complainant described their house as small, with no bedroom or

partition, and has only one bed inside. 12 During her testimony, she presented
her certificate of live birth which shows that she was born on March 9, 2001,
thus a minor when the rape incidents were committed in 2013 and 2015, and
to prove her relationship to accused-appellant as her biological father. 13

Private complainant narrated that in June 2013, while she and her
siblings were sleeping, accused-appellant went home drunk, laid down beside
her, and started touching her private parts. Private complainant woke up
startled. She could not understand what was happening, as she was only 12

6 "The identity of the victim or any information which could establish or compromise her identity, as well
as those of her immediate family or household members, shall be withheld pursuant to Republic Act No.
76 10, An Act Providing for Stronger Deterrence and Specia l Protection against Child Abuse, Exploitation
and Discrimination, Providing Penalties for its Violation, and for Other Purposes; Republic Act No. 9262,
An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for
Victims, Prescribing Penalties Therefor, and for Other Purposes; and Section 40 of A.M. No. 04-10-11-
SC, known as the Rule on Violence against Women and their Children, effective November 15, 2004."
(People v. Dumadag, 667 Phil. 664,669 [20 11]).
7
Records, Volume I, p. 2.
8 Records, Volume II, pp. 2-3 .
9
CA rollo, p. 96.
io Id.
11
Id. at 98.
12 Id. at 47.
13 Id. at 48; See also Records, Volume I, p. 13.

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Resolution 3 G.R. No. 253284
August 31 , 2022

years old at that time. She tried to break free from his grasp and was crying
out of fear. Accused-appellant threatened to kill her mother if she tells what
happened. He then proceeded to have sexual intercourse with private
complainant. 14

After the foregoing incident, accused-appellant continued to have sexual

intercourse with private complainant almost every month. 15 Every time she
was sexually abused, private complainant pleaded for her father to stop but the
latter was unrelenting. Whenever she resisted, accused-appellant hurt her by
punching her thighs. 16 Moreover, in all those incidents, her father repeatedly
threatened her that he would kill her mother if she would report to her what he
did. During those times, her mother was working in - · 17

As a result, private complainant did not tell anyone about what accused-
appellant did to her because of the continuing fear he instilled on her. 18

On May 13, 2015, about lunchtime, while private complainant was

sleeping at their house, she suddenly felt that someone removing her shorts
and underwear. She then saw her father. She tried to break free from his grasp,
by pushing and kicking him but her efforts failed because accused-appellant
had a tight hold on both of her arms. After private complainant's failed attempt
to escape, accused-appellant went on top of her. At this point, she was still
resisting and trying to escape. Accused-appellant warned her that should she
tell her mother about what transpired, he will kill her mother. 19

Accused-appellant successfully mounted private complainant and

thereafter pulled down his own shorts and brief down to his thighs. 20 Accused-
appellant then touched private complainant's genitals, inserted his penis in her
private part, and started to push and pull his penis several times. While this
was happening, private complainant was crying. Once he was done, accused-
appellant left the house and went to their backyard, while private complainant
dressed up herself. 21

While the assault on private complainant was happening on said date, her
brother BBB went home during lunchtime and saw his father and private
complainant with their lower garments pulled down to the middle of their
thighs while his father was on top of private complainant trying to insert his
penis on the latter's genitals. Shocked about what he saw between her father
and his sister, he went to their backyard to calm himself. When his father

14
CA rollo, p. 96.
15 Id. at 47.
16 Id. at 96.
17
Id. at 47.
18
Id. at 96.
19
Id. at 97.
20
Id. at 47.
21
Id. at 97.

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Resolution 4 G.R. No. 253284
August 31, 2022

noticed him, his father summoned him inside the house. Accused-appellant
then begged his son not to tell anyone about what he saw. However, when the
latter was on his way out of the house, he saw accused-appellant holding a
knife and shouted: "[h]uwag kang aalis ng bahay kundi papatayin kita." He
did not heed his father's warning and instead he ran towards his friend's house
where he could make a phone call to their mother. He then informed his
mother about what he saw and waited for her to arrive. Once his mother
arrived, they reported the incident to the barangay captain and thereafter to the
municipal police station. 22

When private complainant's brother and mother arrived home, they found
her crying and she was with her grandparents. 23

On the same day, Dr. Mayor examined private complainant and she found
old healed lacerations at 3, 5 and 11 o'clock positions, indicating that the
hymen is no longer intact which could be attributed to sexual intercourse,
among others. Dr. Mayor also noted the erythematous fresh laceration at 8
o'clock position which in layman's term, redness or bleeding along the vaginal
canal which was possibly caused by the alleged intercourse especially since
her examination of private complainant took place just four hours after the
alleged rape incident. 24 She further found that private complainant's vagina
admitted one index finger with ease but with pain, and her underwear had
blood stains. 25

Version of the Defense

Accused-appellant vehemently denied the rape charges against him. He

averred that at around 2:00 p.m. of Ma 13, 2015, he was havin snacks in a
store at another town, namely,
when he was arrested by police officers. He said that during that time, he was
about to get the fish and squid promised to him by his kumpare.26

Ruling of the Regional Trial Court

On February 24, 2017, the RTC rendered its Decision finding accused-
appellant guilty beyond reasonable doubt of two counts of rape, the fallo of
which reads:

WHEREFORE, premises considered, judgment is hereby rendered:

(1) Finding [accused-appellant] GUILTY beyond reasonable doubt of

22
ld. at 48 and 97.
23
Id. at 97.
24
Id. at 48.
25 Id. at 98.
26 Id.

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Resolution 5 G.R. No. 253284
August 3 1, 2022

the crime of Rape charged under Criminal Case No. RTC-8778-I and is hereby
sentenced to suffer the penalty of Reclusion Perpetua.

(2) Finding [accused-appellant] GUILTY beyond reasonable doubt of

the crime of Rape charged under Criminal Case No. RTC-9000-I and is hereby
sentenced to suffer the penalty of Reclusion Perpetua.

In line with existing jurisprudence, [accused-appellant] is ordered to pay

the minor victim Php75,000.00 as civil indemnity, PhpS0,000.00 as moral
damages and Php30,000.00 as exemplary damages.

SO ORDERED. 27 (Emphasis in the original)

Ruling of the Court of Appeals

Aggrieved with the trial court's findings, accused-appellant filed an

appeal with the appellate court. However, in its August 19, 2019 Decision, the
CA affirmed the findings of the RTC with modification that the crimes
committed were two counts of Qualified Rape and increased the monetary
awards pursuant to prevailing jurisprudence. Thus, the dispositive portion of
said Decision reads:

FOR THESE REASONS, the Decision dated 24 February 2017 rendered

by Branch 70 of the
- convicting accused-appellant [x xx] for Rape in Criminal Case Nos.
RTC-8778-1 and RTC-9000-1 1s AFFIRMED with the following
MODIFICATIONS:

1.) (Accused-appellant] is CONVICTED of two (2) counts of

qualified rape under Article 266-A(l), in relation to Article 266-B of the RPC,
as amended by R.A. 8353, and is imposed the penalty of reclusion perpetua
without eligibility for parole on each count; and

2.) [Accused-appellant] is ORDERED to PAY civil indemnity in the

amount of Pl00,000.00; moral damages in the amount of Pl00,000.00; and
exemplary damages in the amount of Pl00,000.00 on each count, with the
[accused-appellant] paying an interest of six percent (6%) per annum on all
damages awarded from the date of finality of this Decision until fully paid.

SO ORDERED.28 (Emphasis on the original)

Not in agreement with the findings of the appellate court, accused-

appellant filed the instant appeal.

Issue

27
Id. at 51 -52.
28
I d. at 111-11 2.

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Resolution 6 G.R. No. 253284
August 31 , 2022

The fundamental issue in the instant case is whether accused-appellant is

guilty of the offenses charged against him.

Our Ruling

The instant appeal is devoid of merit.

The appellate court's findings on

accused-appellant's guilt of the
crime of Qualified Rape must be
sustained

The prosecution was able to establish beyond reasonable doubt all

elements of Qualified Rape. Rape under paragraph 1, Article 266-A of
the Revised Penal Code (RPC), as amended by Republic Act No. (RA)
8353,29 is committed as follows:

ART. 266-A. Rape, When and How Committed. - Rape is committed

1. By a man who shall have carnal knowledge of a woman under any

of the following circumstances:

a. Through force, threat or intimidation;

b. When the offended party is deprived of reason or 1s otherwise

unconscious;

c. By means of fraudulent machination or grave abuse of authority;

d. When the offended party is under twelve ( 12) years of age or is

demented, even though none of the circumstances mentioned above be present.
(Emphasis supplied)

If rape is committed by a parent against his child under 18 years of age,

such as the instant case, the rape is qualified under paragraph 1, Article 266-B
of the same Code, as amended, viz.:

ART. 266-B. Penalties. - Rape under paragraph 1 of the next preceding

article shall be punished by reclusion perpetua.

xxxx

The death penalty shall also be imposed if the crime of rape is committed
with any of the following aggravating/qualifying circumstances:

29 Entit led "AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME As A
CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT No. 9815, A s AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL CODE AND FOR O THER PURPOSES." Approved on September 30, 1997.

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Resolution 7 G.R. No. 253284
August 31, 2022

1. When the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or the common-law
spouse of the parent of the victim. (Emphasis supplied)

Thus, the elements of Qualified Rape are: "(l) sexual congress; (2) with a
woman; (3) done by force and without consent; (4) the victim is under [18]
years of age at the time of the rape; (5) the offender is a parent (whether
legitimate, illegitimate or adopted) of the victim." 30

We note that in the two Informations, it was alleged that private

complainant was aged 12 and 14 years old when the rape incidents happened.
Moreover, during the trial of the instant case, private complainant presented
her certificate of live birth showing that she was born on March 9, 2001 to
prove her minority during the commission of the rape in June 2013 and on
May 13, 2015. Furthermore, the same certificate indicates her relationship to
accused-appellant as her biological father. 31 Accused-appellant likewise
categorically admitted during trial that private complainant is his own
daughter. 32

We find that the prosecution substantially proved that private

complainant's own father had carnal knowledge of her through force, threat
and intimidation when she was only 12 and 14 years old, respectively. This
Court has scrutinized the records and they bear out the convincing manner by
which private complainant testified with candor and consistency in recounting
the material points of the criminal incidents. She vividly narrated the sexual
ordeal that she suffered at the hands of her own father. Private complainant
testified as follows:

Q: Naalala mo ba kung paano ka sinimulang galawin ng papa mo noong June

2013?
A: Lasing po siya noon. 33

xxxx

Q: Sabi mo lasing siya nung ginalaw ka mya, naramdaman mo ba na

gagalawin ka niya?
A: Hindi po, nabigla na Jang ako katabi ko na siya.

Q: Noong ginalaw ka ba niya- Noong twnabi ba siya sa'yo natutulog ka na?

A: Opo.

Q: Tapos noong turnabi siya sa'yo, anong ginawa niya?

A: Yon na po, sinimulan na niya pong hawak-hawakan.

30 People v. XXX, G.R. No. 218277, November 9, 2020.

31 CA rollo, p. 48 and I IO; See also Records, Volume I, p. 13.
32
CA rollo, p. 11 O; See also TSN, February 2 1, 2017, p. 8
33 TSN, April 5, 2016, p. 15 ; See also CA rollo, p. 67.

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Resolution 8 G.R. No. 253284
August 31, 2022

Court: Saan ka niya hinawakan?

A: Sa mga maseselang bahagi.34

xxxx

Q: xx x Noong June 2013, pumatong ba siya sayo?

A: Opo.

Q: Anong ginawa niya noong nakapatong siya sa'yo?

A: Sinimulan na niya po.

Q: Ano yung sinimulan niya?

A: Sinimulan niyang ipasok.

Q: Pinasok ng ilang beses?

A: Marami po. 35

As regards the May 13, 2015 incident, private complainant testified, to

wit:

Q: Tapos anong ginawa niya noon hawak niya ang parehong braso mo?
A: ' Yon po sinimulan na niya.

Q: Sabi mo "sinimulan na niya", paano niya sinimulan?

A: Bigla na lang po siya pumatong.

xxxx

Q: Sabi mo bigla siyang pumatong sa iyo, tama?

A: Opo.

Q: Habang nakapatong siya sa' yo, anong ginawa mo?

A: Sinubukan ko po ulit tumakas.

Q: Papaano mo sinubukang tumakas?

A: Tinulak ko po siya.

Q: Noong tinulak mo ba siya, nabuwal siya?

A: Hindi po.

xxxx

Q: Sabi mo rin na wala kang magawa ng binaba niya ang short at brief niya
hanggang hita, anong ibig mong sabihin na wala kang magawa?
A: (no answer)

xxxx

34 TSN, April 5, 20 I 6, p. 16; See also CA rollo, pp. 67-68.

35 TSN, April 5, 2016, p. 17; See also CA rollo, p. 68.

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Resolution 9 G.R. No. 253284
August 31, 2022

PROS. BAUTISTA
Q: Noong binaba na niya ang shorts at panty mo, ano ang sunod niyang
ginawa?
A: Sinimulan na niya po.

Q: Pwede mo bang sabihin sa amin kung paano niya sinimulan? Kaya mo

ba?

COURT

Q: Paano niya ginawa?

A: Hinawakan niya po muna.

Q: Hinawakan ka niya sa ...

A: (no answer)

Q: Yung private part mo?

A: Opo.

Q: Tapos?
A: Tapos pinasok niya po.

Q: Alin ang pinasok niya?

A: Yong ano niya po.

PROS. BAUTISTA

Q: Yon kanya bang pagkalalaki, yon kanyang daliri or ibang bagay?

A: 'Yong ari niya po.

Q: Tapos noong pinasok na niya, ano ang sunod niyang ginawa?

A: (no answer)

Q: Ilang beses niyang pinasok ang ari niya?

A: Marami po.

COURT
Q: Gaano katagal ' yong pangyayari na yon? Masasabi mo ba ilang minute?
A: Matagal po. 36

Based on the foregoing narrations, We find conclusive evidence that

private complainant was undoubtedly raped against her will with the
use of force, threat and intimidation, for at least two separate occasions at the
hands of her own father.

Moreover, private complainant's account was further supported by her

brother's testimony who witnessed the rape incident on May 13, 2015.
Furthermore, private complainant's testimony was corroborated by the
findings of the examining physician, Dr. Mayor. On May 13, 2015, barely

36 TSN, April 5, 20 16, pp. 6-8; See also CA rollo, pp. 68-69

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Resolution 10 G.R. No. 253284
August 31, 2022

four hours after the rape incident of that day, Dr. Mayor examined private
complainant and she found old healed lacerations at 3, 5 and 11 o'clock
positions indicating that the hymen is no longer intact which could be
attributed to sexual intercourse, among others. Dr. Mayor also noted the
erythematous fresh laceration at 8 o'clock position which in layman's term,
redness or bleeding along the vaginal canal which was possibly caused by the
alleged recent intercourse. 37 She further found that private complainant's
vagina admitted one index finger with ease but with pain, and her underwear
had blood stains.38 We reiterate that "when a rape victim's account is
straightforward and candid, and is corroborated by the medical findings of the
examining physician, the testimony is sufficient to support a conviction." 39

In view of the foregoing, this Court finds that undoubtedly all elements
of Qualified Rape were sufficiently established herein.

Accused-appellant's arguments
and denial deserve scant
consideration

In his attempt to discredit private complainant, accused-appellant

contends that: (i) the prosecution's evidence failed to prove that there was
threat, force, or intimidation because as per testimony of private complainant's
brother who witnessed the May 13, 2015 incident, private complainant was
silent or he did not hear her crying during the sexual congress, and that it
appeared to the brother that private complainant was embracing their father
and was just letting the sexual activity to happen;40 (ii) private complainant's
brother is not a credible witness due to inconsistencies in his testimony. For
instance, in his Sinumpaang Salaysay,41 he did not mention that accused-
appellant threatened him with the statement "[h]uwag kang aalis ng bahay
kundi papatayin kita," and yet during his testimony, he narrated that accused-
appellant uttered said threat to him; 42 and (iii) the medical report of Dr. Mayor
does not guarantee that private complainant was raped since lacerations or
break in the hymen may be caused by other factors like menstruation,
stretching, horse riding, or bicycle riding, as testified by said physician.43

We are not persuaded.

The failure of private complainant to sob, struggle, or at least offer

resistance during the rape incidents does not diminish her credibility. We have

37 CA rollo, p. 48.
38
Id. at 98.
39 People v. De Guzman, G. R. No. 224212, November 27, 2019.
4
°
41
CA rollo, p. 39.
Records, Volume I, p. 7.
42 CA rollo, pp. 39-40.
43
Id. at 40.

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Resolution 11 G.R. No. 253284
August 31, 2022

previously held that "[p ]hysical resistance need not be established in rape
when threats and intimidation are employed and the victim submits
herself to her attackers because of fear." 44 As has been held, "the failure to
shout or offer tenacious resistance does not make voluntary the victim's
submission to the criminal act of the offender." 45 Victims of sexual abuse
react differently during and after the occasion of rape. 46 Thus, an older victim
may have shouted for help under similar circumstances, but a minor victim
such as private complainant may easily be overcame by fear and may not be
able to cry for help. In the instant case, accused-appellant unceasingly
threatened to kill private complainant's mother and often struck her thighs
when she offers any kind of resistance during the rape incidents.47 We further
note that private complainant's brother only witnessed a portion of the sexual
congress, where at that particular moment, private complainant's hand may
appear to be embracing her father but this does not necessarily mean that
private complainant consented thereto. In any event, We underscore that no
minor daughter would desire to have sexual intercourse with her own father,
regardless of how she responds during the commission of their sexual act. 48

For the same reason, private complainant's failure to immediately

divulge her sexual molestation to immediate relatives and authorities despite
her claim that it happened for several times does not affect her credibility. 49
The delay in the filing of a complaint of rape despite the lapse of years after its
commission does not ipso facto taint the credibility of a witness or undermine
the charges of rape "when the delay can be attributed to the pattern of fear
instilled by the threats of bodily harm, specially by one who exercises moral
ascendancy over the victim. " 50 In this case, accused-appellant continuously
threatened private complainant during and after the commission of each rape
that he would kill her mother if ever she would tell anyone about what
happened. Private complainant was only 12 years old when she was first
threatened by her father. Undoubtedly, the threat private complainant received
from appellant-appellant, coupled with his moral ascendancy, were enough to
cow and intimidate her. Being a minor and a daughter of her own assailant, it
instilled tremendous fear in her mind. In People v. Nievera,51 We ruled that
the effect of fear and intimidation instilled in the victim's mind cannot be
measured through a standard form of behavior such that it must be viewed in
the context of the victim's perception and judgment during and after the
commission of the crime. Thus, settled is the rule that the failure of the victim

44
People v. Nievera, G. R. No. 242830, August 28, 2019.
45 Id.
46 Id.
47
CA rollo, p. 96.
48 See also People v. CCC, G.R. No. 239336, June 3, 2019.

49 Id.
so People v. DDD, G.R. No. 243583, September 3, 2020.
51 G.R. No. 242830, August 28, 20 I 9

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Resolution 12 G.R. No. 253284
August 31 , 2022

to immediately report the rape is not necessarily an indication of a fabricated

charge. 52

Private complainant having positively identified her assailant to be herein

accused-appellant and no other, the latter's defense of denial must fail. Denial
cannot prevail over the victim's direct, positive, and categorical assertion.53

Notably, the findings of the RTC were affirmed by the CA, and both
courts found that the testimonies of the prosecution's witnesses were credible.
"It is settled that the RTC's findings on the credibility of witnesses and their
testimonies are entitled great weight and respect, and the same should not be
overturned on appeal in the absence of any clear showing that the trial court
overlooked, misunderstood, or misapplied some facts or circumstances which
would have materially affected the outcome of the case. " 54 Thus, We have
consistently held that "[q]uestions on the credibility of witnesses are best
addressed to the trial court due to its unique position to observe the witnesses'
deportment and demeanor on the stand while testifying. " 55 In this case, both
the RTC and the appellate court held that the prosecution's witnesses were
credible and private complainant's testimony categorically identified accused-
appellant as the person who raped her. The Court finds no reason to doubt the
findings of both the trial court and CA, especially since no evidence was
adduced showing that private complainant had ill motive to falsely charge her
own father with the crime of rape.

The appellate court imposed the

proper penalties and monetary
awards

Lastly, this Court finds that the appellate court properly imposed the
penalties and monetary awards in its assailed Decision.

Under Article 266-B of the RPC, the death penalty shall be imposed
when the victim of rape is below 18 years of age and the offender is a parent,
such as accused-appellant who is the father of private complainant. The death
penalty cannot, however, be imposed in view of RA 9346. 56 In lieu of the
death penalty, the penalty of reclusion p erpetua without eligibility for parole
shall be imposed.57 Hence, the Court finds proper the penalty of reclusion
perpetua imposed by the CA upon accused-appellant for each of Qualified
Rape, without eligibility for parole on each count.

52 People v. XXX, G .R. N o. 240441 , December 4, 2019.

53 Uddin v. People, G.R. No. 249588, November 23, 2020.
54 Albotra v. People, G.R. No. 22 1602, November 16, 2020.
55 ld.
56 Entitled " AN A CT PROHIBITING THE IMPOSITION O F D EATH PENALTY IN THE PHILIPPINES." Approved:
June 24, 2 006.
57 A.M. No. I 5-08-02-SC or t he " G UIDELINES FOR THE USE OF T HE PHRASE ' WITHOUT ELIGIBILITY FOR
PAROLE' IN I NDIVISIBLE PENALTI ES." Signed: August 4, 201 5.

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Resolution 13 G.R. No. 253284
August 31 , 2022

Moreover, the appellate court correctly increased the amounts of

damages to Pl 00,000.00 as civil indemnity, Pl 00,000.00 as moral damages,
and Pl 00,000.00 as exemplary damages, for each count of Qualified Rape
pursuant to prevailing jurisprudence. 58

Finally, We likewise uphold the appellate court's imposition of interest at

the rate of six percent (6%) per annum from date of finality of this judgment
until fully paid. 59

ACCORDINGLY, the appeal is DISMISSED. The August 19, 2019

Decision of the Court of Appeals in CA-G.R. CR-HC No. 09510 finding
accused-appellant guilty beyond reasonable doubt of two counts of Qualified
Rape is AFFIRMED.

SO ORDERED."

ourt:

LIB .BUENA
lerk of Cou~q\\S

by:
MARIA TERESA B. SIBULO
Deputy Division Clerk of Court
97-1
SEP 1 9 2027
The Solicitor General Court of Appea ls (x)
134 Amorsolo Street, Legaspi Village 1000 Manila
1229 Makati City (CA-G.R. CR-HC No. 095 10)

The Hon. Presiding Judge

Regional Trial Cou1t, Branch 70
XXX Iba, 220 l Zam bales
Accused-Appellant (Crim. Case Nos. RTC-8778-1 & RTC-9000-1)
c/o The Director General
Bureau of Con-ections PUBLIC ATTORNEY'S OFFICE
I 770 Muntinlupa City Special and Appealed Cases Service
Counsel for Accused-Appellant
The Director General 5/F, DOJ Agencies Building
Bureau of Corrections NIA Road cor. East Avenue, Diliman
1770 Muntinlupa City I IO l Quezon City

Public Information Office (x) Philippine Judicial Academy (x)

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58 People v. XXX, G.R. No. 236562, September 22, 2020.

59 Id.