child below seven (7) years old."[38]
In this case, "AAA" was only six years old at the time of the incident, as evidenced
by her Certificate of Live Birth[39] showing that she was born on September 7, 2000.
Consequently, the crime committed by appellant is qualified statutory rape
under Article 266-B. Since the death penalty cannot be imposed in view of Republic
Act No. 9346, or An Act Prohibiting the Imposition of Death Penalty in the
Philirpines, the proper penalty is reclusion perpetua without eligibility for parole.[40]
We likewise modify the amounts awarded to "AAA" in view of our ruling in People v.
Gaa[41] imposing a minimum amount of P100,000.00 as civil indemnity,
P100,000.00 as moral damages, and P100,000.00 as exemplary damages "in cases
where the proper penalty for the crime committed by accused is death but where it
cannot be imposed because of the enactment of RA 9346," as in this case.
Thus, we increase the award of civil indemnity from P75,000.00 to P100,000.00;
moral damages from P75,000.00 to P100,000.00; and exemplary damages from
P50,000.00 to P100,000.00. Moreover, "a legal interest of 6% per annum will be
imposed on the total amount of damages awarded to "AAA" counted from the date
of the finality of this judgment until fully paid."[42]
WHEREFORE, the appeal is DISJVIISSED. The assailed Decision dated October
30, 2014 of the Court of Appeals in CA-G.R. CR-HC No. 05176 convicting appellant
Richard Ramirez y Tulunghari is AFFIRMED with the following
MODIFICATIONS:
(a) appellant is found GUILTY of QUALIFIED STATUTORY RAPE in Criminal Case
No. 07-0589, and is sentenced to suffer the penalty of reclusion perpetua without
eligibility for parole;
(b) the amounts of the civil indemnity, moral damages, and exemplary damages in
Criminal Case No. 07-0589 are increased to P100,000.00, respectively; and,
(c) appellant is ACQUITIED in Criminal Case No. 07-0284.
SO ORDERED.
Sereno, C. J., on leave.
Leonardo-De Castro,** Tijam, and Gesmundo,*** JJ., concur.
ATTESTATION