GR 142779; (August, 2002) (Digest)
G.R. Nos. 142779-95; August 29, 2002
People of the Philippines, plaintiff-appellee, vs. Camilo Soriano, accused-appellant.
FACTS
Seventeen Informations were filed against Camilo Soriano before the Regional Trial Court of Baguio City. Four were for statutory rape through sexual intercourse committed on October 15, 28, and twice on October 29, 1998, against his 11-year-old daughter, Maricel Soriano. Thirteen were for rape through sexual assault (insertion of a finger into her private organ) committed on October 14, 16-27, 1998. The accused pleaded not guilty. The prosecution established that the accused, after being released from prison on probation, returned to his family. From October 14 to 29, 1998, while his common-law wife, Leonora Espino, was away or asleep, he sexually assaulted and raped his daughter on multiple occasions within their cramped bedroom shared with other children. The acts were witnessed by Maricel’s younger siblings. The crime was reported by Maricel’s brother, Michael. A medical examination confirmed findings compatible with recent loss of virginity. The accused raised the defense of denial and alibi, claiming the charges were instigated by his wife who had a paramour.
ISSUE
The primary issue for automatic review is the correctness of the trial court’s judgment finding the accused guilty of multiple counts of rape and imposing the death penalty for the four counts of statutory rape through sexual intercourse.
RULING
The Supreme Court AFFIRMED the judgment of the Regional Trial Court with modifications. The conviction for four counts of rape through sexual intercourse was affirmed, and the imposition of the death penalty for each of these counts was upheld. The civil indemnity for these counts was increased to P75,000.00, moral damages to P75,000.00, and exemplary damages to P30,000.00 for each case. The conviction for twelve counts of rape through sexual assault was also affirmed, with the maximum penalty increased to 17 years, 4 months, and 1 day. For each of these 12 counts, the accused was ordered to pay civil indemnity of P30,000.00, moral damages of P30,000.00, and exemplary damages of P15,000.00. The Court ordered the records to be forwarded to the Office of the President for the possible exercise of the pardoning power, in accordance with Republic Act No. 7659 .