conviction in said case from Simple Rape to Qualified Rape. As adverted to earlier,
Article 335 of the RPC states that if the rape is committed under certain
circumstances, such as when it was committed by two (2) or more persons, the
crime will be Qualified Rape, as in this instance. Notably, this will no longer affect
Alejandro as he had already withdrawn his appeal prior to the promulgation of this
decision.
In sum, Angeles should be convicted of one (1) count of Qualified Rape and one (1)
count of Homicide.
Anent the proper penalties to be imposed on Angeles, the CA correctly imposed the
penalty of reclusion perpetua in connection with Crim. Case No. 73-SD(96), and the
penalty of imprisonment for an indeterminate period of six (6) years and one (1)
day of prision mayor, as minimum, to fourteen (14) years, eight (8) months, and
one (1) day of reclusion temporal, as maximum, as regards Crim. Case No. 74SD(96).
Finally, in line with existing jurisprudence, the Court deems it proper to adjust the
award of damages as follows: (a) in Crim. Case No. 73-SD(96), Angeles is ordered
to pay AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral
damages, and P75,000.00 as exemplary damages; and (b) in Crim. Case No. 74SD(96), Angeles is ordered to pay the heirs of BBB the amounts of P50,000.00 as
civil indemnity, P50,000.00 as moral damages, and P50,000.00 as temperate
damages, all with legal interest at the rate of six percent (6%) per annum from the
finality of judgment until fully paid.[31]
WHEREFORE, accused-appellant Alberto Alejandro y Rigor's Motion to Withdraw
Appeal is GRANTED. Accordingly, the instant case CLOSED and TERMINATED as
to him.
On the other hand, the appeal of accused-appellant Joel Angeles y de Jesus
(Angeles) is DENIED. The Decision dated June 3, 2015 of the Court of Appeals in
CA-G.R. CR-HC No. 06495 is hereby AFFIRMED with MODIFICATIONS as to him,
as follows:
(a) In Crim. Case No. 73-SD(96), accused-appellant Angeles is found GUILTY
beyond reasonable doubt of the crime of Qualified Rape defined and penalized
under Article 335 of the Revised Penal Code. Accordingly, he is sentenced to
suffer the penalty of reclusion perpetua and ordered to pay AAA the amounts of
P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00
as exemplary damages, with legal interest at the rate of six percent (6%) per
annum on all monetary awards from the date of finality of judgment until fully
paid; and