797 Phil. 386
FIRST DIVISION
[ G.R. No. 214875, October 17, 2016 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.
ARIEL LAYAG ACCUSED-APPELLANTS.
RESOLUTION
PERLAS-BERNABE, J.:
In a Resolution[1] dated August 3, 2015 (August 3, 2015 Resolution), the Court
adopted in toto the Decision[2] dated January 29, 2014 of the Court of Appeals (CA)
in CA-G.R. CR-H.C. No. 05383 finding accused-appellant Ariel Layag (Layag) guilty
beyond reasonable doubt of one (1) count of Qualified Rape by Sexual Intercourse,
two (2) counts of Qualified Rape by Sexual Assault, and one (1) count of Acts of
Lasciviousness, the pertinent portion of which reads:
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the
January 29, 2014 Decision of the CA in CA-G.R. [CR-H.C.] No. 05383 and AFFIRMS
said Decision finding accused appellant Ariel Layag GUILTY eyond reasonable
doubt of committing one (1) count of Qualified Rape by Sexual Intercourse, as
defined and penalized under Article 266-A paragraph 1 in relation to Article 266-B
(1) of the Revised Penal Code (RPC), two (2) counts of Qualified Rape by Sexual
Assault, as defined and penalized under paragraph 2, Article 266-A in relation to
Article 266-B (1) of the RPC, and one (1) count of Acts of Lasciviousness, as
defined and penalized under Article 336 of the RPC, WITH MODIFICATION as to
the award of damages, sentencing him to suffer the following penalties: (a) in Crim.
Case No. 2007-9591-MK for Qualified Rape by Sexual Intercourse, he is sentenced
to suffer the penalty of reclusion perpetua without eligibility for parole, and ordered
to pay the amounts of P100,000.00 as civil indemnity, P100,000.00 as moral
damages, and P100,000.00 as exemplary damages; (b) in Crim. Case Nos. 20079592-MK and 2007-9593-MK for Qualified Rape by Sexual Assault, he is sentenced
to suffer the penalty of imprisonment for the indeterminate period of eight (8)
years and one (1) day of prision mayor, as minimum, to seventeen (17) years of
reclusion temporal, as maximum, and ordered to pay the amounts of P30,000.00 as
civil indemnity, P30,000.00 as moral damages, and P30,000.00 as exemplary
damages, for each count; and (c) in Crim. Case No. 2007-9594-MK for Acts of
Lasciviousness, he is sentenced to suffer the penalty of imprisonment for the