FIRST DIVISION
[G.R. No. 220882. July 4, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RENANTE C. MANDELMA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 4, 2018which reads as follows:
"G.R. No. 220882 — People of the Philippines, plaintiff-appellee, v. Renante C. Mandelma, accused-appellant.
After a careful review of the records of this case, the Court finds the appeal to be unmeritorious. The Court of Appeals (CA) correctly affirmed with modification the June 4, 2010 Decision of the Regional Trial Court (RTC) of Malaybalay City, Bukidnon, Branch 8, in Criminal Case Nos. 12720-02 and 12721-02, finding appellant Renante C. Mandelma guilty beyond reasonable doubt of the crime of rape as defined under Article 266-A, paragraph 1 of the Revised Penal Code (RPC), committed against the victim AAA. 1 TIADCc
Article 266-B of the RPC imposes the penalty of reclusion perpetua to death when the rape is committed with the use of a deadly weapon or by two or more persons. While the prosecution established that appellant and his co-accused, Gabriel Mandin Mandelma and Fernando Lasaga Wado conspired to rape the victim and used a gun to force her to submit to their bestial desires, these aggravating/qualifying circumstances cannot be considered in imposing the death penalty since they were not specifically stated in the Information. An Information "should basically contain the elements of the crime, as well as its qualifying and ordinary aggravating circumstances, for the court to effectively determine the proper penalty it should impose." 2 Thus, they were correctly sentenced to the prison term of reclusion perpetua.
However, in the imposition of civil liabilities, these aggravating/qualifying circumstances may be considered although not alleged in the Information but proved during trial. As such, the victim in this case is entitled to exemplary damages in the amount of P75,000.00. 3
The award of actual damages was correctly deleted since such indemnity may only be awarded if duly proved. Without receipts, there can be no basis for such an award. 4 The awards of civil indemnity and moral damages are proper. 5 Interest at the rate of 6% per annum shall be imposed on the amounts of damages awarded from the time of finality of this Resolution until full payment. 6
WHEREFORE, the appeal is DISMISSED. This Court ADOPTS the findings of the trial court as affirmed by the Court of Appeals. The assailed December 9, 2014 Decision of the Court of Appeals in CA-G.R. CR HC No. 00970-MIN finding appellant Renante C. Mandelma guilty beyond reasonable doubt of rape and sentencing him to suffer the penalty of reclusion perpetua and ordering him to pay the private complainant civil indemnity and moral damages in the amount of P75,000.00 each is AFFIRMED with MODIFICATIONS that appellant is further directed to pay AAA exemplary damages in the amount of P75,000.00. Finally, an interest at the rate of 6% per annum is imposed on all damages awarded from the date of finality of this Resolution until full payment. cSEDTC
SO ORDERED." Leonardo-de Castro, J., on official leave; Del Castillo, J., designated as Acting Chairperson per Special Order No. 2562 dated June 20, 2018; Caguioa, J., designated as additional member per November 29, 2017 raffle vice Jardeleza, J., who recused due to prior action as Solicitor General; and Gesmundo, J., designated as acting member per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. "The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. 7610, An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation, and for Other Purposes; Republic Act No. 9262, An Act Defining Violence against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes; and Section 40 of A.M. No. 04-10-11-SC, known as the Rule on Violence against Women and Their Children, effective November 15, 2004." People v. Dumadag, 667 Phil. 664, 669 (2011).
2.People v. Jugueta, 783 Phil. 806, 831 (2016).
3.Id.
4.Gonzales v. Camarines Sur II Electric Coop., Inc., 705 Phil. 511, 519 (2013).
5.People v. Jugueta, supra at 849.
6.Id. at 856.