Decision
5
G.R. No. 235662
moral damages and Thirty Thousand Pesos (Php 30,000.00)
as exemplary damages.
2.
In Criminal Case No. 08-0630-2013, to
suffer the penalty of imprisonment of Ten (10) years and
One (1) day of Prision Mayor, as minimum, to Seventeen
(17) years and Four (4) months of Reclusion Temporal, as
maximum. Accused is likewise ordered to pay BBB the sum
of Fifteen Thousand Pesos (Php 15,000.00) as moral
damages.
3.
In Criminal Case No. 08-0631-2013, to
suffer the penalty of Reclusion Perpetua without eligibility
of parole and to pay the minor victim BBB the sum of
Seventy Five Thousand Pesos (Php 75,000.00) as civil
indemnity, Seventy Five Thousand Pesos (Php 75,000.00) as
moral damages and Thirty Thousand Pesos (Php 30,000.00)
, as exemplary damages.
The period which the accused has undergone preventive
imprisonment during the pendency of these cases shall be credited to him
provided he agreed in writing to abide by and comply strictly with the rules
and regulations imposed upon committed prisoners.
The Jail Warden of the Bureau of Jail Management and Penology
(BJMP), Lipa City, Batangas, is hereby directed to immediately commit
herein accused to the National Penitentiary, Muntinlupa City, for him to
serve his sentence.
SO ORDERED. 16
The Proceedings before the Court of Appeals
On appeal, appellant faulted the trial court for rendering a verdict of
conviction against him despite the following alleged circumstances: a) he was
not armed when the alleged incidents happened; b) mere moral ascendancy
should not prevail over his presumption of innocence; and c) the comportment
of AAA and BBB in resuming their usual routines and not asking for help
belies the charges against him. They did not fight back, shout, or strongly
resist his supposed sexual advances. It was also remarkable that AAA and
BBB did not immediately report what they had experienced to their mother
MMM. 17
On the other hand, the Office of the Solicitor General (OSG), through
Assistant Solicitor General John Emmanuel Madamba and Associate Solicitor
Dominic Victor C. De Alban, riposted that complainants' failure to
immediately report the sex crimes perpetrated on them by appellant is not
enough to discredit them. The truth is, they reported the same to their mother
way before but the latter did not believe them. Their three (3) years of
suffering in silence before they jointly mustered the courage to report
16
17
Id. at 55-56.
Id. at 27-45.
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