parents P50,000.00 each as moral damages.[12]
Aggrieved, Ejercito appealed[13] to the CA.
The CA Ruling
In a Decision[14] dated October 28, 2016, the CA affirmed the RTC ruling with
modification, convicting Ejercito of Rape defined and penalized under Article 335 of
the RPC, and accordingly, sentenced him to suffer the penalty of reclusion
perpetua, and ordered him to pay the offended party, AAA, the amounts of
P75,000.00 as civil indemnity ex delicto, P75,000.00 as moral damages, and
P75,000.00 as exemplary damages, with legal interest of six percent (6%) per
annum to be imposed on all monetary awards from finality of the ruling until fully
paid.[15]
Agreeing with the RTC's findings, the CA held that through AAA's clear and
straightforward testimony, the prosecution had established that Ejercito raped her
in 2001. On the other hand, it did not give credence to Ejercito's sweetheart
defense, pointing out that assuming arguendo that he indeed eventually had a
relationship with AAA, their first sexual encounter in 2001 was without the latter's
consent and was attended with force and intimidation as he pointed a gun at her
while satisfying his lustful desires.[16]
Hence, this appeal.
The Issue Before the Court
The issue for the Court's resolution is whether or not Ejercito's conviction for the
crime of Rape must be upheld.
The Court's Ruling
The appeal is without merit.
Time and again, it has been held that in criminal cases, "an appeal throws the
entire case wide open for review and the reviewing tribunal can correct errors,
though unassigned in the appealed judgment, or even reverse the trial court's
decision based on grounds other than those that the parties raised as errors. The
appeal confers the appellate court full jurisdiction over the case and renders such
court competent to examine records, revise the judgment appealed from, increase
the penalty, and cite the proper provision of the penal law."[17]
Based on this doctrine, the Court, upon careful review of this case, deems it proper