753 Phil. 637
CARPIO, J.:
CRIM. CASE NO. 7587
(Rape in relation to RA 7610)
That in or about June, 1997, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously have carnal knowledge with his goddaughter, [AAA], a seven-year old girl, against the latter’s will and consent, to her damage and prejudice.[3]CRIM. CASE NO. 7588
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about July 1997, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], a seven-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[4]CRIM. CASE NO. 7589
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about August 1997, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], a seven-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[5]CRIM. CASE NO. 7590
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about September 1997, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], a seven-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[6]CRIM. CASE NO. 7591
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about October 1997, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], a seven-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[7]CRIM. CASE NO. 7592
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about November 1997, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], a seven-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[8]CRIM. CASE NO. 7593
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about December 1997, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], a seven-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[9]CRIM. CASE NO. 7594
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about January 1998, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], a seven-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[10]CRIM. CASE NO. 7595
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about February 1998, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], a seven-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[11]CRIM. CASE NO. 7596
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about March 1998, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], a seven-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[12]CRIM. CASE NO. 7597
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about April 1998, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], a seven-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[13]CRIM. CASE NO. 7598
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about May 1998, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], a seven-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[14]CRIM. CASE NO. 7599
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about June 1998, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], an eight-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[15]CRIM. CASE NO. 7600
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about July 1998, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], an eight-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[16]CRIM. CASE NO. 7601
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about August 1998, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], an eight-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[17]CRIM. CASE NO. 7602
(Violation of Art. 336 of the RPC in relation to Sec. 5 of RA 7610)
That in or about September 1998, in Orion, Bataan, Philippines and within the jurisdiction of this Honorable Court, the said accused, by using force and intimidation, motivated by lust and lewd design, did then and there willfully, unlawfully and feloniously kiss the neck and lips, as well as lick the sex organ, of his goddaughter, [AAA], an eight-year old girl, thereby subjecting said minor child to sexual abuse by coercion and influence, to her damage and prejudice.[18]
WHEREFORE, in Criminal Case No. 7587, accused OSCAR SANTOS y ENCINAS is found GUILTY beyond reasonable doubt of the crime of Rape, defined and penalized under Article 335 of the Revised Penal Code, in relation to Republic Act No. 7610, and is imposed the penalty of reclusion perpetua.
His guilt having been established likewise with moral certainty in Criminal Cases Nos. 7588, 7589, 7590, 7591, 7592, 7593, 7594, 7595, 7596, 7597, 7598, 7599, 7600, 7601, and 7602, accused OSCAR SANTOS y ENCINAS is found GUILTY in each of said Fifteen (15) separate cases for Violation of Article 336 of the Revised Penal Code, in relation to Section 5(b) of Republic Act No. 7610 and, absent any attendant circumstance that would mitigate or aggravate the imposable penalties, is hereby sentenced in each of the Fifteen (15) cases to suffer imprisonment equivalent to Eight (8) Years and One (1) Day of prision mayor in its medium period as minimum, to Fifteen (15) Years, Six (6) Months and Twenty (20) Days of reclusion temporal in its medium period as maximum.
Further, accused OSCAR SANTOS y ENCINAS, in Criminal Case No. 7587, is directed to pay the offended party civil indemnity in the amount of P75,000.00, moral damages in the amount of P75,000.00, and exemplary damages of P25,000.00.
Also, accused OSCAR SANTOS y ENCINAS, in each of Criminal Cases Nos. 7588, 7589, 7590, 7591, 7592, 7593, 7594, 7595, 7596, 7597, 7598, 7599, 7600, 7601, and 7602, is directed to pay the offended party civil indemnity in the amount of P20,000.00, moral damages in the amount of P30,000.00, and exemplary damages of P2,000.00.
SO ORDERED.[21]
WHEREFORE, the Court AFFIRMS the Judgment of the Regional Trial Court (RTC), Branch 3, Balanga City, with the following MODIFICATIONS:
In Criminal Case No. 7587 (Rape) –In Crim. Case Nos. 7588, 7589, 7590, 7591, 7592, 7593, 7594, 7595, 7596, 7597, 7598, 7599, 7600, 7601 and 7602 (Viol. of Art. 336 of Revised Penal Code in relation to Sec. 5 of RA 7610) –
- The penalty of reclusion perpetua stands[;]
- The amount of P75,000.00 civil indemnity is reduced to P50,000.00;
- The amount of P75,000.00 moral damages is reduced to P50,000.00; and
- The amount of P25,000.00 exemplary damages is deleted.
SO ORDERED.[22]
- For each count, accused-appellant is sentenced to suffer a penalty of 17 years, 4 months and 1 day, as minimum to 20 years of reclusion temporal as maximum;
- Pay AAA P15,000.00 as civil indemnity;
- Pay AAA P15,000.00 as moral damages; [and]
- The amount of P2,000.00 as exemplary damages in each case is deleted.
Article 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;(2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. (Emphasis supplied)
(b) When the offended party is deprived of reason or otherwise unconscious;
(c) By means of fraudulent machination or grave abuse of authority; and
(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.
1. In Criminal Case No. 7587, we find appellant Oscar Santos y Encinas GUILTY of rape, and he is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole. He is ordered to pay the victim, AAA, the amount of P75,000 as civil indemnity, P75,000 as moral damages, and P30,000 as exemplary damages, all with interest at the rate of 6% per annum from the date of finality of this decision.
2. In Criminal Case Nos. 7588, 7589, 7590, 7591, 7592, 7593, 7594, 7595, 7596, 7597, 7598, 7599, 7600, 7601 and 7602, we find appellant Oscar Santos y Encinas GUILTY in each of the 15 separate cases for acts of lasciviousness under Article 336 of the Revised Penal Code, in relation to Section 5(b) of Republic Act No. 7610, and he is sentenced to suffer for each count the indeterminate penalty of 12 years and 1 day of reclusion temporal, as minimum, to 15 years, 6 months and 20 days of reclusion temporal, as maximum. For each count of acts of lasciviousness, he is ordered to pay the victim, AAA, the amount of P20,000 as civil indemnity, P30,000 as moral damages, and P2,000 as exemplary damages, all with interest at the rate of 6% per annum from the date of finality of this decision.
SEC. 3. Persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.[28] People v. Crisostomo, G.R. No. 196435, 29 January 2014, 715 SCRA 99; People v. Arpon, G.R. No. 183563, 14 December 2011, 662 SCRA 506; People v. Degay, G.R. No. 182526, 25 August 2010, 629 SCRA 409; People v. Alfonso, G.R. No. 182094, 18 August 2010, 628 SCRA 431; People v. Garbida, G.R. No. 188569, 13 July 2010, 625 SCRA 98.
(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse: Provided, That when the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be; Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; x x x (Emphasis supplied)[30] Act No. 4103, as amended. AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE FUNDS THEREFOR; AND FOR OTHER PURPOSES.