reduced to reclusion perpetua because of RA 9346, the amounts of civil indemnity,
moral damages and exemplary damages are pegged uniformly at P100,000.00. Thus,
the awards of civil indemnity, moral damages and exemplary damages, given to AAA,
should be increased to P100,000.00 each.
With respect to the rape through sexual assault under paragraph 2, Article 266-A,
accused should pay AAA the amounts of P30,000.00 as civil indemnity, P30,000.00 as
moral damages, and P30,000.00 as exemplary damages, in accordance with prevailing
jurisprudence.59
ChanRoblesVi rt ualawlib ra ry
The Court additionally orders accused-appellant to pay interest of six percent (6%) per
annum from the finality of this judgment until all the monetary awards for damages are
fully paid, in accordance with prevailing jurisprudence.60
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WHEREFORE, the instant appeal is DISMISSED and the Decision dated March 22,
2013 of the Court of Appeals in CA-G.R. CR-H.C. No. 05234 is hereby AFFIRMED with
the following MODIFICATIONS:
1. Accused-appellant JAIME BRIOSO, alias Talap-Talap, is found guilty of Statutory
Rape under paragraph 1 (d), Article 266-A of the Revised Penal Code and is sentenced
to suffer the penalty of reclusion perpetua without eligibility for parole. He is ORDERED
to PAY the victim, AAA, the increased amounts of P100,000.00 as civil indemnity,
P100,000.00 as moral damages and P100,000.00 as exemplary damages.
2. Accused-appellant is also found guilty of Rape Through Sexual Assault under
paragraph 2, Article 266-A of the Revised Penal Code, in relation to Republic Act No.
7610, and is sentenced to suffer the indeterminate penalty of twelve (12) years, ten
(10) months and twenty-one (21) days of reclusion temporal, as minimum, to fifteen
(15) years, six (6) months and twenty (20) days of reclusion temporal, as maximum.
He is ORDERED to PAY AAA the amounts of P30,000.00 as civil indemnity, P30,000.00
as moral damages, and P30,000.00 as exemplary damages.
3. Accused-appellant is additionally ORDERED to PAY the victim interest of six
percent (6%) per annum on all damages awarded from the date of finality of this
Decision until fully paid.
SO ORDERED.
chanroblesv irtuallaw lib rary
Velasco, Jr., (Chairperson), Perez, Mendoza,* and Reyes, JJ., concur.
Endnotes:
Designated Additional Member in lieu of Associate Justice Francis H. Jardeleza, per
Raffle dated February 14, 2016.
*
Penned by Associate Justice Mariflor P. Punzalan Castillo, with Associate Justices Amy
C. Lazaro- Javier and Zenaida T. Galapate-Laguilles, concurring; rollo, pp. 2-15.
1
2
Penned by Judge Corazon D. Soluren, CA rollo, pp. 14-23.