FIRST DIVISION
PEOPLE
OF THE PHILIPPINES, G.R. No. 189303
Appellee,
Present:
CORONA, J., Acting Chairperson,*
- v e r s u
s - VELASCO, JR.,**
NACHURA,***
LEONARDO-DE
CASTRO and
BERSAMIN, JJ.
FELIX CASAS PEREZ,
Appellant. Promulgated:
October 13, 2009
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R E S O L U T I O N
CORONA, J.:
In
a decision dated October 25, 1999,[1] the
Regional Trial Court (RTC) of Danao City, Branch 25 found accused-appellant
Felix Casas Perez guilty of two counts of qualified rape for sexually abusing
his 15-year-old daughter, AAA.[2] He was
sentenced to death for each count of qualified rape and to pay P100,000 as
damages.
On intermediate appellate review,[3] the
Court of Appeals (CA) modified the decision of the RTC.[4] Because the Information did not state the age
of AAA at the time of the commission of the offense, the CA downgraded
accused-appellant’s offenses to simple rape and consequently lowered the
penalty to reclusion perpetua for each count thereof. It likewise
ordered accused-appellant to pay P50,000 moral damages and P25,000
exemplary damages.
The RTC and the CA found that
accused-appellant forced his daughter AAA to have sexual intercourse with him
on December 20 and 25, 1995. In both instances, he was armed with a knife and a
pinuti (or a long bolo) and threatened to kill her if she told anyone
about the incident.
We find no reason to disturb the findings of the RTC
as affirmed by the CA. The records are replete with evidence establishing
accused-appellant’s guilt beyond reasonable doubt. However, to conform with
existing jurisprudence, P50,000 civil indemnity ex delicto,[5] P50,000 moral
damages[6] and P30,000
exemplary damages for each count of rape must be awarded to the offended party.[7]
WHEREFORE,
the appeal is hereby DISMISSED. The March 26, 2009 decision of the Court
of Appeals in CA-G.R. CR-HC No. 00653 finding accused-appellant Felix Casas
Perez guilty of two counts of simple rape is AFFIRMED with MODIFICATION.
Accused-appellant is sentenced to reclusion perpetua and to pay AAA P50,000
civil indemnity ex delicto, P50,000 moral damages and P30,000
exemplary damages for each count of rape.
Costs against accused-appellant.
SO
ORDERED.
Associate
Justice
WE CONCUR:
ANTONIO
EDUARDO B. NACHURA
Associate Justice
A T T E S T A T I O N
I attest that the conclusions in the above Resolution
were reached in consultation before the case was assigned to the writer of the
opinion of the Court’s Division.
RENATO C. CORONA
Acting Chairperson
Pursuant
to Section 13, Article VIII of the Constitution, and the Acting Division
Chairperson’s attestation, I
certify that the conclusions in the above resolution had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court’s Division.
LEONARDO A.
QUISUMBING
Acting Chief
Justice
* Per Special Order No. 724 dated October 5, 2009.
** Per Special Order No. 719 dated October 5, 2009.
*** Per Special Order No. 725 dated October 5, 2009.
[1] Penned by Judge Esperidion Rivera. CA rollo, pp. 24-32.
[2] Criminal
Case Nos. DNO-1620 and DNO-1621. The
information against the accused-appellant uniformly stated:
That
on or about December 20 (and 25), 1995,
in the evening, in Ibo, Danao City, Philippines and within the
jurisdiction of this Honorable Court, [accused-appellant] who is the father of
the offended party, [AAA], by means of force and intimidation willfully,
unlawfully and feloniously did lie and [succeed] in having carnal knowledge [of
his daughter, AAA].
Contrary to law.
[3] CA-G.R. CR-HC No. 00653.
[4] Decision dated March 26, 2009 penned by Associate Justice Priscilla J. Baltazar-Padilla and concurred in by Associate Justices Franchito N. Diamante and Edgardo L. de los Santos of the Nineteenth Division of the Court of Appeals. Rollo, pp. 2-17.
[5] People v. Mallari, G.R. No. 179051, 28 March 2008, 550 SCRA 477, 478-479.
[6] Id.
[7] People v. Abellera, G.R. No. 166617, 3 July 2007, 526 SCRA 329, 343.