PEOPLE OF THE PHILIPPINES, vs. ROMEO IBAY Y MACEDA.
- G.R. Number: G.R. No. 101631
- Promulgated: 1994-06-08
- Ponente: Puno, J.
Doctrine
An appellate court may modify the award of damages where the circumstances of the offense (here, the victim's youth and loss of innocence) warrant an increased indemnity.
Facts
On 5 September 1989 private complainant Donna Villanueva executed a sworn statement accusing appellant Romeo Maceda Ibay of rape; he was arrested and subsequently charged in an Information dated 13 September 1989.
The Information charged that on or about 14 August 1989 in Rodriguez, Rizal, the accused, by force and intimidation, had carnal knowledge of Donna Villanueva, a girl below 12 years old, against her will.
The trial court found appellant guilty and sentenced him to reclusion perpetua and ordered indemnification of the victim in the amount of Thirty Thousand Pesos (P30,000.00).
On appeal the Supreme Court expressed revulsion at the manner the victim was abused and increased the award of damages from P30,000.00 to P50,000.00.
Issues
Whether the conviction of appellant for rape should be affirmed.
Whether the award of damages should be increased from Thirty Thousand Pesos to Fifty Thousand Pesos.
Ruling
The Supreme Court affirmed appellant's conviction for rape; the appeal is dismissed.
The Court modified the RTC decision by increasing the award of damages to Fifty Thousand Pesos (P50,000.00) and imposed costs against appellant.
Keywords
G.R. No. 101631, PEOPLE OF THE PHILIPPINES v. ROMEO IBAY Y MACEDA, rape, Sworn Statement, Information dated September 13, 1989, Crim. Case No. 1048, RTC of San Mateo, Rizal, Br. 77, GUILTY beyond reasonable doubt, RECLUSION PERPETUA, indemnify the victim, defiltration, sexual abuse, MEDICO-LEGAL REPORT NO. M-1735-89, non-virgin state physically, defense of alibi, Article 266-A Revised Penal Code, august, clock, private complainant, appellant