PEOPLE VS. MALICSI (G.R No. 175833, January 29, 2008)

FACTS:Read full case here:

            The accused-appellant was accused for the crime of rape against his niece. The incident was repeated trice by the appellant. The appellant contended that he and the victim were sweethearts but the trial court did not give weight to that theory.

            The trial court found appellant guilty of the crime of four counts of qualified rape and was sentenced to suffer the penalty of death for each count of rape, to pay P300,000.00 as civil indemnity (P75,000.00 for each count), and P200,000.00 as moral damages (P50,000.00 for each count). The CA however modified the findings of the RTC declaring that appellant is guilty of four counts of simple rape and to suffer the penalty of reclusion perpetua.

ISSUE:

            WON the award of damages was properly made.

HELD:

            No, because the Supreme Court declared that the crime committed was four count of simple rape only and not qualified rape because the special aggravating circumstances of minority and relationship must be alleged in the information but the prosecution failed to do so. Since it is not included, four counts of simple rape should be undertaken. The penalty imposed then should be reclusion perpetua. 

         The appellate court also correctly affirmed the award by the trial court of P200,000.00 for moral damages. Moral damages are automatically granted to rape victim. However, the award of civil indemnity is reduced to P200,000.00  in the amount of P50,000.00 for each count of simple rape is automatically granted.