September 2008 - Philippine Supreme Court Resolutions
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[G.R. No. 174867 : September 02, 2008] PEOPLE OF THE PHILIPPINES VS. GODOFREDO DELA TORRE Y TAÑEDO:
[G.R. No. 174867 : September 02, 2008]
PEOPLE OF THE PHILIPPINES VS. GODOFREDO DELA TORRE Y TAÑEDO
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated September 2, 2008
�G.R. No. 174867 (PEOPLE OF THE PHILIPPINES VS. GODOFREDO DELA TORRE Y TA�EDO) � Considering the allegations, issues and arguments adduced in the appeal, the Court resolves to DENY the appeal with the modifications to the penalty.
The Court MODIFIES the Decision of the Court of Appeals in Criminal Case No. 4912, finding the accused Godofredo dela Torre y Ta�edo guilty of ACTS OF LASCIVIOUSNESS, sentencing him the penalty of reclusion temporal for under Article 336 of the Revised Penal Code, the penalty for acts of lasciviousness of prision correccional. Applying the Indeterminate Sentence Law and appreciating relationship as an aggravating circumstance, appellant should be sentenced to suffer an indeterminate prison term of six (6) months of arresto mayor, as minimum, to six (6) years of prision correccional, as maximum, and to pay the victim P30,000.00 as moral damages in line with prevailing jurisprudence.
The Court AFFIRMS the Decision of the Court of Appeals in Criminal Case Nos. 4990, 4991, 4992, 4993 and 4994 finding the accused Godofredo dela Torre y Ta�edo guilty of the crime of RAPE. Considering the effectivity of Republic Act No. 9346 (An Act Prohibiting the Imposition of the Death Penalty in the Philippines, promulgated June 24, 2006), which prohibits the imposition of death, the Court modifies the penalty to be imposed to RECLUSION PERPETUA without eligibility for parole. The award for civil liabilities in the amount of P75,000.00, moral damages of P50,000.00 and exemplary damages of P25,000.00 in each case, is AFFIRMED.
Ynares-Santiago, Carpio, Austria-Martinez, & Azcuna, JJ., on official leave,
Nachura, J., no part as he was the Solicitor General in this case.
�G.R. No. 174867 (PEOPLE OF THE PHILIPPINES VS. GODOFREDO DELA TORRE Y TA�EDO) � Considering the allegations, issues and arguments adduced in the appeal, the Court resolves to DENY the appeal with the modifications to the penalty.
The Court MODIFIES the Decision of the Court of Appeals in Criminal Case No. 4912, finding the accused Godofredo dela Torre y Ta�edo guilty of ACTS OF LASCIVIOUSNESS, sentencing him the penalty of reclusion temporal for under Article 336 of the Revised Penal Code, the penalty for acts of lasciviousness of prision correccional. Applying the Indeterminate Sentence Law and appreciating relationship as an aggravating circumstance, appellant should be sentenced to suffer an indeterminate prison term of six (6) months of arresto mayor, as minimum, to six (6) years of prision correccional, as maximum, and to pay the victim P30,000.00 as moral damages in line with prevailing jurisprudence.
The Court AFFIRMS the Decision of the Court of Appeals in Criminal Case Nos. 4990, 4991, 4992, 4993 and 4994 finding the accused Godofredo dela Torre y Ta�edo guilty of the crime of RAPE. Considering the effectivity of Republic Act No. 9346 (An Act Prohibiting the Imposition of the Death Penalty in the Philippines, promulgated June 24, 2006), which prohibits the imposition of death, the Court modifies the penalty to be imposed to RECLUSION PERPETUA without eligibility for parole. The award for civil liabilities in the amount of P75,000.00, moral damages of P50,000.00 and exemplary damages of P25,000.00 in each case, is AFFIRMED.
Ynares-Santiago, Carpio, Austria-Martinez, & Azcuna, JJ., on official leave,
Nachura, J., no part as he was the Solicitor General in this case.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court