Maximum and the accessory penalties provided for by law and to pay the victim AAA
the amount of P20,000.00 as moral damages.
With regard to the crime of ACTS OF LASCIVIOUSNESS, the Court hereby sentences the
accused to suffer an indeterminate penalty of imprisonment from FOUR (4) MONTHS
ARRESTO MAYOR as Minimum to FOUR (4) YEARS and TWO (2) MONTHS PRISION
CORRECCIONAL as Maximum and the accessory penalties provided for by law, and to
pay the victim BBB the amount of P10,000.00 as moral damages.
The preventive imprisonment suffered by the accused by reason of the two cases is
counted in his favor.
SO ORDERED.9
Decision of the CA
On appeal, the petitioner contended that the RTC gravely erred in convicting him of
attempted rape despite the dubious credibility of AAA, and of acts of lasciviousness
despite the fact that BBB did not testify.
On July 26, 2004, the CA promulgated its decision affirming the conviction of the
petitioner for attempted rape in Criminal Case No. 2388, but acquitting him of the acts
of lasciviousness charged in Criminal Case No. 2389 due to the insufficiency of the
evidence,10 holding thusly:
ChanRoblesVi rtua lawlib rary
In sum, the arguments of the accused-appellant are too puerile and inconsequential as
to dent, even slightly, the overall integrity and probative value of the prosecution's
evidence insofar as AAA is concerned.
Under Article 51 of the Revised Penal Code, the penalty for an attempted felony is the
"penalty lower by two (2) degrees" prescribed by law for the consummated felony. In
this case, the penalty for rape if it had been consummated would have been reclusion
perpetua pursuant to Article 335 of the Revised Penalty Code, as amended by Republic
Act No. 7659. The penalty two degrees lower than reclusion perpetua is prision mayor.
Applying the Indeterminate Sentence Law, the maximum term of the penalty shall be
the medium period of prision mayor in the absence of any mitigating or aggravating
circumstance and the minimum shall be within the range of the penalty next lower to
that prescribed for the offense which in this case is prision correctional in any of its
periods.
We also find that the trial court correctly assessed the amount of P20,000.00 by way of
moral damages against the accused-appellant. In a rape case, moral damages may be
awarded without the need of proof or pleading since it is assumed that the private
complainant suffered moral injuries, more so, when the victim is aged 13 to 19.
Insofar as the crime of acts of lasciviousness committed against BBB, the accused