2756-M-2005, where Padlan was convicted of two (2) counts of rape and sentenced
to reclusion perpetua, the Court further modifies the award of exemplary damages
to P75,000.00.
WHEREFORE, the April 15, 2014 Decision of the Court of Appeals in CA-G.R. CRH.C. No. 05517 is AFFIRMED with FURTHER MODIFICATIONS as follows:
1. In Criminal Case Nos. 2755-M-2005 and 2756-M-2005, appellant Amante Padlan
is found guilty beyond reasonable doubt of two counts of rape as defined under
Article 266-A (l)(d) and penalized under Article 266-B of the Revised Penal Code.
Appellant Amante Padlan is sentenced to suffer the penalty of imprisonment of
reclusion perpetua and is ordered to pay the victim, "AAA," the increased amounts
of P75,000.00 as civil indemnity; P75,000.00 as moral damages; and P75,000.00
as exemplary damages, all with interest at the rate of 6% per annum from the date
of finality of this Decision until fully paid.
2. In Criminal Case No. 2757-M-2005, appellant Amante Padlan is found guilty of
Acts of Lasciviousness as defined under Article 336 of the Revised Penal Code in
relation to, and penalized under Section 5(b), Article III of Republic Act No. 7610.
Appellant Amante Padlan is sentenced to suffer the indeterminate penalty of
imprisonment 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 further ordered to pay the
victim, "AAA," the amounts of P20,000.00 as civil indemnity; P15,000.00 as moral
damages; P15,000.00 as exemplary damages; and a fine of P15,000.00, all with
interest at the rate of 6% per annum from the date of finality of this Decision until
fully paid.
SO ORDERED.
Sereno, C. J., on official leave.
Leonardo-De Castro,** Caguioa,*** and Tijam, JJ., concur.
**
Acting Chairperson per Special Order No. 2480 dated August 31, 2017.
***
Per Raffle dated September 6, 2017.
CA rollo, pp. 82-95; penned by Associate Justice Rebecca De Guia-Salvador and
concurred in by Associate Justices Ramon R. Garcia and Danton Q. Bueser.
[1]
Records, pp. 148-159, penned by Presiding Judge Victoria C. FernandezBernardo.
[2]