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period, as the maximum.
Another error of the CA that requires correction as a matter of course is the
imposition of the fine of P15,000.00, increasing even the P10,000.00 set by the RTC
as fine. The imposition of the fine by the lower courts had no legal basis because the
law nowhere imposes it.[22] Nullum poenum sine lege.[23] Considering that neither
Article 336 of the Revised Penal Code nor Section 5 of Republic Act No. 7610, the
laws governing this case, prescribes any fine, the imposition thereof is deleted.
Lastly, although there has been no issue raised as to the civil indemnity, moral and
exemplary damages, we prescribe interest of 6% per annum on them reckoned from
the finality of this decision until full payment.
WHEREFORE, the Court AFFIRMS the decision promulgated on May 8, 2012
subject to the MODIFICATIONS that: (1) the petitioner shall suffer the
indeterminate penalty of 12 years and one day of reclusion temporal in its minimum
period, as the minimum, to 15 years, six months and 21 days of reclusion temporal
in its medium period, as the maximum; (2) the fine of P15,000.00 is deleted; and
(3) the petitioner shall pay interest of 6% per annum on the civil indemnity, moral
and exemplary damages reckoned from the finality of this decision until full
payment.
Costs of suit to be paid by the petitioner.
SO ORDERED.
Velasco, Jr., (Chairperson), Peralta,[*] Reyes and Tijam, JJ., concur.
July 25, 2017
NOTICE OF JUDGMENT
Sirs/Mesdames:
Please take notice that on June 28, 2017 a Decision, copy attached hereto, was
rendered by the Supreme Court in the above-entitled case, the original of which was
received by this Office on July 25, 2017 at 10:20 a.m.
Very truly yours,
(SGD.) WILFREDO V. LAPITAN
Division Clerk of Court
[*] In lieu of Justice Francis H. Jardeleza, who inhibited due to his prior action as the
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