Philippine Supreme Court Resolutions > Year 2008 > January 2008 Resolutions > [G.R. No. 169644 : January 29, 2008] PEOPLE OF THE PHILIPPINES, APPELLEE, V. LEO SOROLLA Y PREPOSE, APPELLANT:

Quoted hereunder; for your information, is a resolution of the Court En Banc dated January 29, 2008

G.R. No. 169644 - PEOPLE OF THE PHILIPPINES, appellee, v. LEO SOROLLA Y PREPOSE, appellant.

The Regional Trial Court, Branch 27, San Fernando City, La Union found Leo Sorolla y Prepose, appellant, guilty beyond reasonable doubt of the crime of rape committed against a five (5)-year-old girl (AAA).

On July 25n 1995, appellant told AAA and her seven (7) year old brother Joemar to go with him to his residence. Once inside the house, he sent Joemar to the sari-sari to buy cigarette and thereafter, appellant brought AAA to a room and sexually abused her.

Appellant denied the charge, claiming that he could not possibly commit the crime because AAA was with her brother.

In a Decision dated December 28, 1999, the trial court found that "while no force or intimidation was made by Leo Sorolla, it is utterly of no consequence because AAA is live years old." The trial court sentenced appellant to the supreme penalty of death and "to pay moral damages in the amount of Fifty Thousand Pesos (P50,000.00) by way of civil indemnity."

On automatic review, the Court of Appeals affirmed the trial court's finding that appellant is guilty of the crime charged. With respect to the civil aspect of the case, the appellate court held:

We note, however, that the trial court did not award civil indemnity to the private complainant for the physical abuse she suffered although it granted her P50.000.00 as moral damages. In People v. Prudes (293 SCRA 411). the Supreme Court held that civil indemnity is mandatory upon the finding of the Tact of rape, it is distinct and should not be denominated as moral damages which is based on different jural foundations and assessed by the court in the exercise of.sound discretion. If the crime of rape is committed or effectively qualified by any of the circumstances under which the death penalty is authorized by law. the indemnity for the victim shall be P75.000.00. Moral damages may additionally be awarded to the victim in the criminal proceeding, in such amount as the court may deem just, without the need for pleading or proof of the basis thereof

WHEREFORE, the Decision appealed from, finding accused-appellant LEO SOROLLA y PREPOSE guilty beyond reasonable doubt of the crime of RAPE and imposing upon him the penalty of DEATH, is hereby AFFIRMED, with the MODIFICATION that the accused-appellant is ordered to pay civil indemnity in the amount of P75.000.00. in addition to the moral damages of P50.000.00 awarded bv the trial court.

We note that the appellate court did not award exemplary damages. In People v. Catubig,^[1] the presence of an aggravating circumstance, whether ordinary or qualified, should entitle the offended party to an award of exemplary damages within the unbridled meaning of Article 2230 of the Civil Code. Exemplary damages in the amount of P25,G00.00 is called for, by way of example and to protect the young from sexual abuse.^[3]

The appellate court's award of P50,000.00 as moral damages should be increased to P75,000.00 pursuant to current jurisprudence on qualified rape.^[3]

WHEREFORE, the Court AFFIRMS the assailed Decision of the Court of Appeals finding appellant Leo Sorolla y Prepose guilty beyond reasonable doubt of the crime of rape with the following modifications:

1) Pursuant to R.A. No. 9346, the penalty of death imposed on appellant is reduced from death to reclusion perpetua without eligibility for parole; and

2) In conformity with prevailing jurisprudence, the moral damages of P50,000.00 awarded by the appellate court is increased to P75,000.00. Exemplary damages of P25,000.00 is likewise awarded to AAA.

Endnotes:

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^[1] G.R. No. 137842. August 23. 2001. 363 SCRA 621.

^[2] People v, Sambrano, G.R. No. 143708, February 24. 2003. 398 SCRA 106.

^[3] People v. Ortizuela, G.R. No. 135675. June 23. 2004. 432 SCRA 574. citing People v. Samhrano, supra.