G.R. No. 166401 Case Digest

G.R. No. 166401, October 30, 2006

People of the Philippines

vs Alfredo Bon

Ponente: Tinga

Facts:

8 informations were filed against Alfredo Bon charging him with rape of AAA and BBB, the daughters of his brother. The rape allegedly happened many times in the span of 6 years starting in 1994 were the victims were still minors.

RTC convicted Bon on all 8 counts of rape, denying the alibi presented by Bon. RTC considered qualifying circumstances of minority of the victims and the relationship of the victims and Bon.

On appeal on the penalty, CA ruled affirming the 6 counts rape but modified the 2 as attempted rape. According to the CA, the evidence on the 2 rapes was insufficient to make Bon guilty beyond reasonable doubt. CA then reduced the penalty for the 2 counts of rape from death to indeterminate penalty of 10 years as minimum to 17 years and 4 months of reclusion temporal as maximum for attempted rape.

Issues: (1) Whether the Court should affirm the conviction of appellant Alfredo Bon (appellant) for six counts of rape and two counts of attempted rape, the victims being his then-minor nieces.

(2) Whether his penalty for attempted qualified rape, which under the penal law should be two degrees lower than that of consummated qualified rape, should be computed from death or reclusion perpetua.

Ruling:

(1) Court affirms. The Court thus affirms the conclusions of the Court of Appeals that it has been established beyond reasonable doubt that appellant is guilty of six (6) counts of rape and two (2) counts of attempted rape. However, in light of Rep. Act No. 9346, the appropriate penalties for both crimes should be amended.

(2) We close by returning to the matter of appellant Alfredo Bon. By reason of Rep. Act No. 9346, he is spared the death sentence, and entitled to the corresponding reduction of his penalty as a consequence of the downgrading of his offense from two (2) counts consummated rape to two (2) counts of attempted rape. For the six (6) counts of rape, we downgrade the penalty of death to reclusion perpetua with no eligibility for parole, pursuant to Rep. Act No. 9346. For each of the two (2) counts of attempted rape, we downgrade by one degree lower the penalty imposed by the Court of Appeals. We hold that there being no mitigating or aggravating circumstances, the penalty of prision mayor should be imposed in it medium period. Consequently, we impose the new penalty of two (2) years, four (4) months and one (1) day of prision correccional as minimum, to eight (8) years and one (1) day of prision mayor as maximum.