the said alternative aggravating circumstance, the penalty provided shall be
imposed in its maximum period. This is also in consonance with Section 31(c),[35]
Art. XII of R.A. No. 7610. Accordingly, appellant should be sentenced to suffer the
indeterminate penalty of Fourteen (14) years and Eight (8) months of reclusion
temporal in its minimum period, as minimum, to Seventeen (17) years and Four (4)
months of reclusion temporal in its medium period, as maximum. A fine in the
amount of P15,000.00 should also be imposed upon appellant in accordance with
Section 31(f),[36] Art. XII of the same law. The award of civil indemnity, moral
damages and exemplary damages in the amount of P30,000.00 each is reduced to
P20,000.00 for civil indemnity, and to P15,000.00 each for moral and exemplary
damages, in line with Quimvel v. People.[37]
On the other hand, in Criminal Case Nos. RTC 2003-0295 and RTC 2003-0296, the
imposable penalty for the two (2) counts of qualified rape under Art. 266-A(1)(d),
in relation to Art. 266-B(1) of the RPC, is death. However, in view of R.A. No.
9346[38] and A.M. No. 15-08-02-SC,[39] the CA properly sustained the RTC in
imposing the penalty of reclusion perpetua without eligibility for parole in lieu of
death. In light of recent jurisprudence[40] where it was held that in cases of qualified
rape where the imposable penalty is death but the same is reduced to reclusion
perpetua because of R.A. No. 9346, the award of civil indemnity, moral damages
and exemplary damages should be increased from P75,000.00 to P100,000.00.[41]
WHEREFORE, premises considered, the appeal is DISMISSED, and the Decision
dated August 8, 2014 of the Court of Appeals in CA-G.R. CR-H.C. No. 05495 is
AFFIRMED with MODIFICATION:
1. In Criminal Case No. RTC-2003-0294, appellant Raul Macapagal y
Manalo is guilty of one (1) count of acts of lasciviousness under
Article 336 of the Revised Penal Code, in relation to Section
5(b), Article III of R.A. No. 7610, and is sentenced to suffer
Fourteen (14) years and Eight (8) months of reclusion temporal
minimum, as minimum, to Seventeen (17) years and Four (4) months
of reclusion temporal medium, as maximum, in view of the presence
of the alternative aggravating circumstance of relationship. He is,
likewise, ordered to pay the victim civil indemnity in the amount of
P20,000.00, as well as moral damages, exemplary damages and fine
in the amount of P15,000.00 each.
2. In Criminal Case Nos. RTC-2003-0295 and RTC-2003-0296, appellant
is guilty of two (2) counts of qualified rape, and is sentenced for
each count to suffer the penalty of reclusion perpetua without
eligibility for parole. He is also ordered to pay the victim civil
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