Petitioner
People
Respondent
Rico
Citation
G.R. No. 232075
Court
Supreme Court
Division
Third Division
Decided
January 28, 2019

Summary

The Supreme Court dismissed the appeal of Gerardo S. Rico, Jr., who was convicted of two counts of rape against victim AAA. The Regional Trial Court of Iloilo City initially convicted Rico under Article 266-A of the Revised Penal Code for both sexual intercourse and sexual assault. The Court of Appeals affirmed with modifications. The Supreme Court found no reversible error and upheld the conviction, affirming the penalty of reclusion perpetua for rape through sexual intercourse and modifying the indeterminate penalty for rape through sexual assault to six years of prision correccional (minimum) to twelve years and one day of reclusion temporal (maximum). The Court also awarded civil indemnity, moral damages, and exemplary damages totaling P180,000 for sexual intercourse and P90,000 for sexual assault, with 6% annual interest from finality until full payment. The case demonstrates the application of the Indeterminate Sentence Law and proper penalty computation for rape charges involving deadly weapons.

Statutes applied

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By the Intellegal Editorial Board · January 28, 2019

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