period. This minimum term ranges from eight (8) years and one (1) day to 14 years and eight (8) months.[120] Udang
shall serve the penalties successively.[121]
Further, AAA is entitled to P50,000.00 as civil indemnity.[122] The award of moral damages is likewise retained at
P50,000.00.[123] However, the award of exemplary damages is deleted given the absence of any aggravating
circumstance in this case.[124]
WHEREFORE, the appeal is DENIED. The Court of Appeals October 9, 2013 Decision in CA-G.R. CR HC No. 01032
is AFFIRMED with MODIFICATION. Bienvinido Udang, Sr. y Sevilla is found GUILTY beyond reasonable doubt of
two (2) counts of sexual abuse, under Section 5(b) of Republic Act No. 7610, and is sentenced to suffer the penalty of
twelve (12) years of prision mayor as minimum to seventeen (17) years, four (4) months, and one (1) day of reclusion
temporal as maximum for each count. Furthermore, the accused shall pay AAA P50,000.00 as civil indemnity and
P50,000.00 as moral damages for each count of sexual abuse, all amounts shall earn interest at the legal rate of six
percent (6%) per annum from the finality of this Decision until full payment. The award of exemplary damages is
deleted.
SO ORDERED.
Velasco, Jr., (Chairperson), Bersamin, Martires, and Gesmundo, JJ., concur.
March 1, 2018
NOTICE OF JUDGMENT
Sirs/Mesdames:
Please take notice that on January 10, 2018 a Decision, copy attached hereto, was rendered by the Supreme Court
in the above-entitled case, the original of which was received by this Office on March 1, 2018 at 9:18 a.m.
Very truly yours,
(SGD.) WILFREDO V.
LAPITAN
Division Clerk of Court
[1]
While the RTC documents referred to him as "Bienvinido Udang, Sr.," the CA referred to him as "Bienvenido
Udang, Sr."
[2] Rollo, pp. 3-14. The Decision was penned by Associate Justice Edgardo T. Lloren and concurred in by Associate
Justices Marie Christine Azcarra-Jacob and Edward B. Contreras of the Twenty-third Division, Court of Appeals,
Cagayan de Oro City.
[3] REV. PEN. CODE, art. 266-A(1) provides:
Article 266-A. Rape; When And How Committed. — Rape is committed —
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances
mentioned above be present.
[4] RTC records, p. 3.
[5] Id. at 15.
[6] Rollo, p. 5, Court of Appeals Decision.
[7] Id. AAA was born on May 20, 1990.
[8] Id. at 5 and 9.
[9] Id. at 10.
[10] Id. at 11.
[11] Id.
[12] Id.
[13] Id. at 12.
[14] Id.
[15] CA rollo, p. 38, Trial court Decision.