and impose a higher penalty. As such, pursuant to the first paragraph of Article
266-B of the same law, Ejercito should be meted with the penalty of reclusion
perpetua, as ruled by both the RTC and the CA. Further, the Court affirms the
monetary awards in AAA's favor in the amounts of P75,000.00 as civil indemnity,
P75,000.00 as moral damages, and P75,000.00 as exemplary damages, all with
legal interest at the rate of six percent (6%) per annum from finality of this ruling
until fully paid, since the same are in accord. with prevailing jurisprudence.[47]
WHEREFORE, the appeal is DENIED. The Decision dated October 28, 2016 of the
Court of Appeals in CA-G.R. CEB CR. HC. No. 01656 is hereby AFFIRMED with
MODIFICATION. Accused-appellant Francisco Ejercito is hereby found GUILTY
beyond reasonable doubt of the crime of Rape under Article 266-A of the Revised
Penal Code, as amended by Republic Act No. 8353. Accordingly, he is sentenced to
suffer the penalty of reclusion perpetua. Further, he is ordered to pay AAA the
amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and
P75,000.00 as exemplary damages, all with legal interest at the rate of six percent
(6%) per annum from finality of this ruling until fully paid.
SO ORDERED.
Carpio, Senior Associate Justice (Chairperson), Peralta, Caguioa, and Reyes, Jr., JJ.,
concur.
July 20, 2018
NOTICE OF JUDGMENT
Sir/Madam:
Please take notice that on July 2, 2018 a Decision, copy attached herewith, was
rendered by the Supreme Court in the above-entitled case, the original of which
was received by this Office on July 20, 2018 at 10:21 a.m.
Very truly yours,
MA. LOURDES C.
PERFECTO
Division Clerk of Court