Decision
6
G.R. No. 235662
appellant's despicable crimes is understandable. To begin with, it was
unreasonable to demand a standard rational reaction to a rather irrational
experience, especially from young victims of incestuous rape. Actual force or
intimidation need not be employed in cases of incestuous rape of minors for
moral dominion is sufficient to cow victims to submission. Young rape
victims should not be expected to act like mature individuals do. 18
The Court of Appeals' Ruling
By its assailed Decision 19 dated August 3, 2017, the Court of Appeals
found appellant guilty of two. (2) counts of qualified rape. The Court of
Appeals correspondingly increased the monetary awards given to the two (2)
minor victims. It also noted that appellant's lascivious conduct was
aggravated by the alternative circumstance of relationship, thus, making
reclusion perpetua as the proper imposable penalty. The Court of Appeals
decreed:
WHEREFORE, the appeal is DENIED. The assailed RTC Decision
dated June 21, 2016 is AFFIRMED with MODIFICATIONS in that: 1)
In Criminal Case Nos. 08-0581-2013 and 08-0631-2013, the award of civil
indemnity is increased from Seventy-Five Thousand Pesos(Php75,000.00)
to One Hundred Thousand Pesos(Phpl 00,000.00), moral damages of
Seventy-Five Thousand Pesos(Php75,000.00) is increased to One Hundred
Thousand Pesos(Php 100,000.00), and exemplary damages of Thirty
Thousand Pesos(Php30,000.00) is increased to One Hundred
Thousand(Phpl00,000.00); and 2) In Criminal Case No. 08-0630-2013, the
Accused-Appellant is sentenced to suffer the penalty of reclusion perpetua
and ordered to pay BBB the amounts of Fifty Thousand
Pesos(Php50,000.00)
as
civil
indemnity,
Thirty
Thousand
Pesos(Php30,000.00) as exemplary damages, and Fifty Thousand
Pesos(Php50,000.00) as moral damages.
All awards for damages shall earn legal interest at ,the rate of six
percent( 6%) per annum from the date of the finality of this decision until
fully paid. Costs against the Accused-Appellant.
SO ORDERED. 20
The Present Appeal
Appellant now seeks affirmative relief from the Court and prays anew
for his acquittal. For the purpose of this appeal, the OSG21 and appellant22
both manifested that in lieu of supplemental briefs, they were adopting their
respective briefs in the Court of Appeals.
18
Id at 71-89.
Id at 102-120.
20
Id. at 1 19.
21
Rollo, pp. 28-29.
22
Id. at 34-36.
19
f