because he scolded and whipped her when she returned late after he sent her for
an errand. The assailed decision was affirmed with modification as to the penalty
imposed. Thus:
WHEREFORE, this appeal is DENIED. The 24 November 2014 Decision of Branch
45 of the Regional Trial Court of Bais City in Criminal Case No. F-06-00132-B is
AFFIRMED with MODIFICATION. Appellant is sentenced to reclusion perpetua
without eligibility for parole. He is further directed to pay AAA the following:
P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00
as exemplary damages. The total amount of damages shall earn six percent (6%)
interest from finality of judgment until fully paid.
SO ORDERED.[10]
Before Us, both the People, as represented by the Office of the Solicitor General,
and EEE, through the Public Attorney's Office, manifested that they would dispense
with the filing of a Supplemental Brief, considering that the issues raised by
accused-appellant had already been extensively discussed and refuted in the
Appellee's Brief, and that it would only result to a reiteration of all the arguments
already exhaustively discussed in the Appellant's Brief, filed before the CA.[11]
The appeal must fail.
The statutory provisions relevant to the case are Article 266-A and Article 266-B of
the Revised Penal Code,[12] which provide:
Article 266-A. Rape, When and How Committed. - Rape is committed 1. By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
a. Through force, threat or intimidation; x x x
Article 266-B. Penalties. - Rape under paragraph 1 of the next preceding article
shall be punished by reclusion perpetua.
xxx
The death penalty shall also be imposed if the crime of rape is committed with any
of the following aggravating/qualifying circumstances:
1. when the victim is under eighteen (18) years of age and the offender is
a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity