PEOPLE OF THE PHILIPPINES, vs. CONRADO LUCAS Y BRIONES.
- G.R. Number: G.R. No. 108172-73
- Promulgated: 1994-05-25
- Ponente: Davide, Jr., J.
Doctrine
Conviction may be affirmed while the Supreme Court modifies the penalty and awards civil indemnity as appropriate in its review of trial court judgments.
Separate criminal complaints arising from related acts (rape and attempted rape) may result in distinct findings and penalties for each docketed case.
Facts
On 16 February 1991, Chanda Lucas (then 17) swore that her natural father, Jose Conrado Lucas, attempted to rape her on 12 February 1991 and that he first raped her when she was nine, noting repeated incidents since 26 November 1982.
On 19 February 1991, Chanda, assisted by her mother, filed two separate sworn criminal complaints for rape and attempted rape against her father in the Regional Trial Court of Quezon City, docketed as Crim. Cases Q-91-18465 and Q-91-18466.
The trial court rendered a challenged Decision of 28 October 1992 convicting the accused; the Court below's decision was brought before the Supreme Court.
Issues
Whether the accused is guilty beyond reasonable doubt of the crime of rape as charged in Crim. Case No. Q-91-18465.
Whether the accused is guilty beyond reasonable doubt of the crime charged in Crim. Case No. Q-91-18466 (rape or attempted rape).
Whether the challenged Decision of Branch 104, RTC Quezon City should be affirmed and, if so, with what modifications to sentence and civil indemnity.
Ruling
In Crim. Case No. Q-91-18465, the prosecution established guilt beyond reasonable doubt for rape; affirmed but sentence modified to 34 years, 4 months and 1 day of reclusion perpetua and P50,000 civil indemnity.
In Crim. Case No. Q-91-18466, the accused was found guilty beyond reasonable doubt of attempted rape only; affirmed with indeterminate penalty ranging from 4 years, 2 months and 1 day of prision correccional maximum to 10 years and 1 day of prision mayor maximum and P30,000 civil indemnity.
The challenged Decision of 28 October 1992 of Branch 104, RTC Quezon City is hereby affirmed as modified; costs against the accused-appellant.
Keywords
G.R. Nos. 108172-73, PEOPLE OF THE PHILIPPINES v. CONRADO LUCAS Y BRIONES, attempted rape, rape, Criminal Cases Nos. Q-91-18465, Criminal Cases Nos. Q-91-18466, New Civil Code, with lewd designs, violence and intimidation, sexual intercourse, tender age and innocence, force and intimidation, piercing the corporate veil, guilty beyond reasonable doubt, crimes of rape, father, incident, february 1991, accused, crime