G.R. No. 204917. January 20, 2014

THIRD DIVISION [ G.R. No. 204917, January 20, 2014 ] PEOPLE OF THE PHILIPPINES VS. CRISPULO CAPILI, JR. Y ACLAN.

Considering the allegations, issues and arguments presented, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its assailed Decision dated June 25, 2012 as to warrant the exercise of the Court's appellate jurisdiction.

The Regional Trial Court directed accused-appellant to pay the victim PhP 100,000 as civil indemnity in each case, PhP 75,000 as moral damages in each case, and PhP 40,000 as exemplary damages in each case. However, the foregoing award of damages should be modified. It must be noted that the minority of the victim and the latter's relation to the accused, her alleged uncle, were not established beyond reasonable doubt during trial as required by jurisprudence.[1] Consequently, the accused was only convicted for simple rape and was sentenced to suffer the penalty of reclusion perpetua in each case. In People v. Combate,[2] it was settled that in crimes punishable with reclusion perpetua, the accused should be made liable to pay the victim PhP 50,000 as civil indemnity, PhP 50,000 as moral damages, and PhP 30,000 as exemplary damages, with interest of six percent (6%) per annum on the total amount of damages awarded from finality of the decision until fully paid. Thus, the award of damages in the instant case should be modified accordingly.

IN VIEW OF THE FOREGOING, the CA Decision dated June 25, 2012 in CA-G.R. CR-H.C. No. 04960 finding Crispulo Capili, Jr. y Aclan guilty of two (2) counts of rape is hereby AFFIRMED with MODIFICATION. As modified, accused-appellant is directed to pay the victim PhP 50,000 as civil indemnity in each case, PhP 50,000 as moral damages in each case, and PhP 30,000 as exemplary damages in each case. In addition, this Court imposes an interest of 6% per annum on the total amount of damages awarded from finality of this Resolution until fully paid.

SO ORDERED.

[1] People v. Liban, G.R. Nos. 136247 & 138330, November 22, 2000, 345 SCRA 453; People v. Alcala, G.R. Nos. 127023-25, May 19, 1999, 307 SCRA 330.
[2] G.R. No. 189301, December 15, 2010, 638 SCRA 797.