With the guilt beyond reasonable doubt of appellant of the crime of Acts of
Lasciviousness under Article 336 of the RPC in relation to Section 5 of RA 7610 in
Criminal Case Nos. 07-CR-6765, 07-CR-6766, 07-CR-6767, 07-CR-6769 and 07CR-6770 and statutory rape in Criminal Case Nos. 07-CR-6768 and 07-CR- 6771,
having been proven, we shall now determine the appropriate penalties imposable
for each offense.
Under Article 336 of the RPC, in relation to Section 5(b), Article III of RA 7610,[47]
the penalty for acts of lasciviousness when the victim is under 12 years of age is
reclusion temporal in its medium period which has a range of fourteen (14) years,
(8) months and one (1) day to seventeen (17) years and four (4) months. Applying
the Indeterminate Sentence Law, the minimum of the indeterminate penalty shall
be taken from the full range of the penalty next lower in degree i.e., reclusion
temporal in its minimum period or from twelve (12) years and one (1) day to
fourteen (14) years and eight (8) months. The maximum of the indeterminate
penalty shall be taken from the proper penalty that could be imposed under the
RPC for acts of lasciviousness which, there being no aggravating or mitigating
circumstance in these cases, is the medium period of reclusion temporal medium
which ranges from fifteen (15) years, six (6) months and twenty (20) days to
sixteen (16) years, five (5) months and nine (9) days.
In Criminal Case Nos. 07-CR-6768 and 07-CR-6771, the sentence of reclusion
perpetua imposed upon appellant by the CA for the crime of statutory rape is in
accordance with Article 266-B of the RPC, as amended, in relation to Section 5(b),
Article III of RA 7610. Likewise proper are the awards of civil indemnity in the
amount of Php75,000.00 and moral damages in the amount of Php75,000.00 for
each count of rape. The award of exemplary damages in the amount of
Php30,000.00 is increased to Php75,000.00 for each case.
WHEREFORE, the appealed September 25, 2012 Decision of the Court of Appeals
is AFFIRMED with modifications. Appellant Noel Bejim y Romero is found GUILTY
of:
1. Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to
Section 5 of Republic Act No. 7610 in Criminal Case Nos. 07-CR-6765, 07-CR-6766,
07-CR-6767, 07-CR-6769 and 07-CR-6770 and sentenced in each case to an
indeterminate prison term of thirteen (13) years, nine (9) months and ten (10)
days of reclusion temporal minimum, as minimum, to sixteen (16) years, five (5)
months and nine (9) days of reclusion temporal medium, as maximum. In addition,
appellant is ordered to pay the victims the amounts of Php20,000.00 as civil
indemnity, Php15,000.00 as moral damages, Php15,000.00 as exemplary damages,
and Php15,000.00 as fine, for each count of acts of lasciviousness.