child below seven (7) years old."[38] In this case, "AAA" was only six years old at the time of the incident, as evidenced by her Certificate of Live Birth[39] showing that she was born on September 7, 2000. Consequently, the crime committed by appellant is qualified statutory rape under Article 266-B. Since the death penalty cannot be imposed in view of Republic Act No. 9346, or An Act Prohibiting the Imposition of Death Penalty in the Philirpines, the proper penalty is reclusion perpetua without eligibility for parole.[40] We likewise modify the amounts awarded to "AAA" in view of our ruling in People v. Gaa[41] imposing a minimum amount of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages "in cases where the proper penalty for the crime committed by accused is death but where it cannot be imposed because of the enactment of RA 9346," as in this case. Thus, we increase the award of civil indemnity from P75,000.00 to P100,000.00; moral damages from P75,000.00 to P100,000.00; and exemplary damages from P50,000.00 to P100,000.00. Moreover, "a legal interest of 6% per annum will be imposed on the total amount of damages awarded to "AAA" counted from the date of the finality of this judgment until fully paid."[42] WHEREFORE, the appeal is DISJVIISSED. The assailed Decision dated October 30, 2014 of the Court of Appeals in CA-G.R. CR-HC No. 05176 convicting appellant Richard Ramirez y Tulunghari is AFFIRMED with the following MODIFICATIONS: (a) appellant is found GUILTY of QUALIFIED STATUTORY RAPE in Criminal Case No. 07-0589, and is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole; (b) the amounts of the civil indemnity, moral damages, and exemplary damages in Criminal Case No. 07-0589 are increased to P100,000.00, respectively; and, (c) appellant is ACQUITIED in Criminal Case No. 07-0284. SO ORDERED. Sereno, C. J., on leave. Leonardo-De Castro,** Tijam, and Gesmundo,*** JJ., concur. ATTESTATION

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