1. In Criminal Case No. 09-1119, the penalty of reclusion perpetua
without eligibility for parole and ordered to pay AAA P75,000.00
as civil indemnity, P75,000.00 as moral damages, and
P30,000.00 as exemplary damages;
2. In Criminal Case No. 09-1118, the penalty of reclusion perpetua
and ordered to pay AAA P20,000.00 as civil indemnity,
P15,000.00 as moral damages, and a fine of P15,000.00; and
3. In Criminal Case No. 09-1121, the penalty of reclusion perpetua
and ordered to pay AAA P20,000.00 as civil indemnity,
P15,000.00 as moral damages, and a fine of P15,000.00; and
AAA is entitled to an interest on all damages awarded at the legal rate of 6% per
annum from the date of finality of this judgment until fully paid.
SO ORDERED.[30]
From this Decision, the accused-appellant appealed to the CA.
Ruling of the Court of Appeals
In the assailed Decision, the CA affirmed with modification the findings of the RTC,
to wit:
ACCORDINGLY, the appeal is DENIED. The assailed Decision dated November 26,
2014 is AFFIRMED with MODIFICATION with respect to Criminal Case No. 09-1119,
INCREASING 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
P30,000.00 to P100,000.00.
SO ORDERED.[31]
The CA sustained the conviction of the accused-appellant for two counts of acts of
lasciviousness in Criminal Case Nos. 09-1118 and 09-1121. It found that the
elements of acts of lasciviousness under Article 336 of the Revised Penal Code
(RPC), in relation to RA No. 7610, had been sufficiently established by the
prosecution.[32] It ruled that the accused-appellant used his moral ascendancy or
influence, in lieu of force or intimidation, to commit acts of lewdness on AAA.[33]
The CA also sustained the RTC's findings that the accused-appellant was guilty of
qualified rape in relation to RA No. 7610.[34] It emphasized that AAA was accusedappellant's biological minor daughter, over whom he exercised moral ascendancy
and influence, sufficiently powerful enough to cause her to submit herself to his