Philippine Supreme Court Resolutions > Year 2010 > April 2010 Resolutions > [G.R. No. 185007 : April 19, 2010] PEOPLE OF THE PHILIPPINES V. VICENTE JAWOD, JR.:

Quoted hereunder, for your information, is a resolution of the First Division of this Court dated 19 April 2010.

G.R. No. 185007 (PEOPLE OF THE PHILIPPINES v. VICENTE JAWOD, JR.) - Considering the allegations, issues and arguments adduced in the appeal, the Court resolves to DISMISS the appeal for failure to sufficiently show reversible error in the assailed decision to warrant the exercise of this Court's discretionary appellate jurisdiction.

However, in line with current jurisprudence, the amount of exemplary damages in Criminal Case No. 49927 is increased from Twenty-five Thousand Pesos (P25,000.00) to Thirty Thousand Pesos (P30,000.00).^[1]

However, in Criminal Case No. 49935, the alternative aggravating circumstance of relationship of the defendant-appellant, as the father of the victim, is appreciated in determining the proper penalty for the crime of Attempted Rape.^[2] Thus, applying the Indeterminate Sentence Law, and taking into account the presence of relationship as aggravating circumstance, the maximum of the penalty to be imposed upon the accused is taken from the maximum period of prision mayor, the range of which is ten (10) years and one (1) day to twelve (12) years. The minimum is taken from the penalty next lower in degree which is prision correctional, the range of which is six (6) months and one (1) clay to six (6) years, in any of its periods. In line with current jurisprudence,[3] the proper penalty in Criminal Case No. 49935 is an indeterminate prison term of four (4) years and two (2) months of prision correctional medium, as minimum, to ten (10) years, four (4) months and ten (10) days of prision mayor maximum, as maximum.

IN VIEW WHEREOF, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated 27 July 2007 of the Court of Appeals in CA-G.R. CEB-CR-HC NO. 00263, and AFFIRMS the following:

1. For Criminal Case No. 49927, finding Vicente Jawod, Jr., guilty beyond reasonable doubt of the crime of rape committed against AAA with the penalty of reclusion perpetua, with no possibility of parole pursuant: to R.A.9346, and to indemnify AAA in the amount of Seventy-five, Thousand Pesos (P75,000.00) as civil indemnity and Seventy-five Thousand Pesos (P75,000.00) as moral damages, with MODIFICATION that the appellant is ordered to pay AAA exemplary damages in the increased amount of Thirty Thousand Pesos (P30,000.00).
   
   
2. For Criminal Case Nos. 49926, 49928, 49929, 49930, 49931, 49932,, 49933, and 49934, guilty beyond reasonable doubt of eight (8) counts of rape committed against AAA, BBB, CCC and DDD with the penalty of reclusion perpetua, and to indemnify AAA, BBB, CCC and DDD in the amount of Fifty Thousand Pesos (P50,000.00) as civil indemnity, Fifty Thousand Pesos (P50,000.00) as moral damages and exemplary damages in the amount of Twenty-five Thousand Pesos (P25,000.00) for each count.
   
   
3. In Criminal Case No. 49935, guilty beyond reasonable doubt of the crime of attempted rape committed against DDD, with the MODIFICATION that the indeterminate penalty of two (2) years, 4 months and one (1) day to four (4) years and two (2) months as minimum to eight (8) years and one (1) day to ten (10) years as maximum is modified to four (4) years and two (2) months of prision correctional medium, as minimum, to ten (10) years, four (4) months and ten (10) days of prision mayor maximum, as maximum, and to pay DDD the amount of Thirty Thousand Pesos (P30,000.00) as  civil indemnity, Twenty-five Thousand Pesos (P25,000.00) as moral damages and Ten Thousand Pesos (P10,000.00) as exemplary damages.

 WITNESS the Honorable Chief Justice Reynato S. Puno, Chairperson, Honorable Justice Conchita Carpio Morales, Working Chairperson, Honorable Justices Teresita Leonardo de Castro, Lucas P. Bersamin, and Martin S. Villarama, Jr., Members, First Division, this 19^th day of April 2010.

Endnotes:

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^[1] People v. Cabral. G.R. No. 179946, December 23, 2009; People v. Mariano, G.R. No. 168693. June 19, 2009

^[2] People v. Lucas, G.R. No. 108172-73. May 25, 1994: People v. Dimapilis. G.R. No. 129573. October 18. 2000.