Criminal Case Digest: People vs Evina, GR Nos. 124830-31, June 27, 2003

People vs Evina, GR Nos. 124830-31, June 27, 2003

Criminal Case Digest:
Digested Cases



FACTS:
On November 3 and 7, 1991, the appellant, Gerardo Evina  by means of violence and intimidation, unlawfully and feloniously have carnal knowledge of one Maritess Catcharro against her will and consent.
That in the two accounts of rape the accused used a knife to intimidate the victim in carrying out his felonious act.
The appeal was brought by the appellant to reverse the decision of the Regional Trial Court finding him guilty of two counts of simple rape sentencing him to suffer the penalty of reclusion perpetua for each count.

ISSUES:
Whether or not the presence of aggravating circumstance of the use of weapon can be appreciated for the purposed of fixing a heavier penalty.

Held:
The aggravating circumstance in question cannot be appreciated for the purpose of fixing the a heavier penalty  because they were not alleged in the information as mandated by Rule 110, sections 8 & 9 of the Revised Rules of Criminal Procedure however this can be considered as basis to award exemplary damages in favor of the victim, conformably to current jurisprudence.

For the foregoing reasons, the decision of the lower was affirmed with modification. The appellant is found guilty beyond reasonable doubt of two counts of rape and was sentenced to suffer reclusion perpetua for each count . The appellant was ordered to pay the victim, the amounts of Php 50,000.00 as civil indemnity; Php 50,000.00 as moral damages; and Php 25,000.00 exemplary damages for each count.

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