xxxx q- Did you feel anything after the accused inserted his penis inside your vagina? a- Yes, sir. q- What did you feel? a- It was painful.[33] The foregoing narration established beyond reasonable doubt the elements of rape, to wit: appellant had carnal knowledge of "AAA" through force and intimidation, and without her consent and against her will. Moreover, it is settled that the designation of the offense is not controlling but line recital of the facts describing how the offense was committed. Here, the Informations in Criminal Case No. FC-00-782 and Criminal Case No. FC-00-783 clearly charged appellant with rape. Thus, he cannot claim denial of his right to be informed of the nature and cause of the accusation and to fully defend himself.[34] Appellant therefore, should be held guilty of rape under Article 266-A(1)(a) of the RPC and sentenced to reclusion perpetua instead of violation of Section 5(b)of RA 7610. The penalty and pecuniary liabilities Pursuant to Article 266-B of the RPC, whenever the crime of rape is committed with the use of deadly weapon, the penalty shall be reclusion perpetua to death. The Information in Criminal Case No. FC-00-780 specifically alleged the use of a knife, a bladed weapon, in the commission of the rape. The prosecution duly proved this allegation from the testimony of "AAA". Under the aforesaid Article, the use of a deadly weapon qualified the rape so that the imposable penalty is reclusion perpetua to death. Since the two penalties are indivisible, Article 63 of the RPC finds application in that, when there are neither mitigating nor aggravating circumstances in the commission of a deed, the lesser penalty shall be imposed. In the case at bar, there was no other aggravating circumstance alleged in the Information and proven during the trial, hence, the penalty of reclusion perpetua imposed on appellant by the trial court and affirmed by the appellate court is proper. As to the pecuniary liabilities, the Court upholds the award of P75,000.00 as civil indemnity since this is mandatory upon the finding of the fact of rape. The award of P75,000.00 as moral damages is likewise upheld as the same is automatically

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