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.
