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Decision
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G.R. No. 227363
the victim as against the alibi and denial of Tulagan. The dispositive portion
of the Decision reads:
WHERE.FORE, premises considered, the Court finds the accused
GUILTY beyond reasonable doubt [of! the crime of rape defined and
penalized under Article 266-A, paragraph 1 (d), in relation to R.A. 7610 in
Criminal Case No. SCC-6211 and is hereby sentenced to suffer the penalty
of reclusion perpetua and to indemnify the victim in the amount of fifty
thousand (Php50,000.00) pesos; moral damages in the amount of fifty
thousand (Php 50,000.00) pesos, and to pay the cost of the suit. Likewise,
this Court finds the accused GUILTY beyond reasonable doubt in Criminal
Case No. SCC-6210 for the crime of rape defined and penalized under
Article 266-A, paragraph 2 and he is hereby sentenced to suffer an
indeterminate penalty of six (6) years of pr is ion correccional, as minimum,
to twelve (12) years of prision mayor, as maximum, and to indemnify the
victim in the amount of thirty thousand (Php30,000.00) pesos; and moral
damages in the amount of twenty thousand (Php20,000.00) pesos, and to
pay the cost of suit.
SO ORDERED. 4
Upon appeal, the CA affirmed with modification Tulagan's conviction
of sexual assault and statutory rape. The dispositive portion of the Decision
reads:
ACCORDINGLY, the Decision dated February 10, 2014 is
AFFIRMED, subject to the following MODIFICATIONS:
1.
In Criminal Case No. SCC-6210 (Rape by Sexual
Assault), appellant is sentenced to an indeterminate penalty
of 12 years of reclusion temporal, as minimum, to 15 years
of reclusion temporal, as maximum. The award of moral
damages is increased to 1!30,000.00; and 1!30,000.00 as
exemplary damages, are likewise granted.
2.
In Criminal Case No. SCC-6211 (Statutory Rape),
the awards of civil indemnity and moral damages are
increased to Pl00,000.00 each. Exemplary damages in the
amount of Pl00,000.00, too, are granted.
3.
All damages awarded are subject to legal interest at
the rate of 6% [per annum] from the date of finality of this
judgment until fully paid.
SO ORDERED. 5
t?
CA rollo, pp. 49-50.
Rollo, pp. 36-37. (Emphasis in the original)
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