People vs. Bon October 30 2006

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RICKY A LAS PIÑAS Criminal Law 1

PEOPLE OF THE PHILIPPINES appellee, vs. ALFREDOBON, appellant.


G.R. No. 166401. October 30, 2006.
TINGA, J.:

FACTS:

This case is about the rape case of the appellant to his then-minor nieces. The penalty
imposed consisted of eight (8) death sentences, the records of the case were
automatically elevated to this Court for review. However, in the aftermath of the
pronouncement of the Court in People v.Mateo, the present case was transferred to
the Court of Appeals for appropriate action and disposition. On 29 December 2004,
the Court of Appeals agreed with the rulings of the RTC in regard to six (6) of the
eight (8) death sentences imposed on appellant.

ISSUE:

Whether or not the enactment of RA 9346 will determine the penalty in this
case.

RULING:

Yes, 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 perpetual 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 prison 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 prison
correctional as minimum, to eight (8) years and one (1) day of prison mayor as
maximum.

WHEREFORE, in light of the foregoing, the Decision of the Court of Appeals is


hereby AFFIRMED WITHMODIFICATION. The Court sentences appellant
Alfredo J.Bon to the penalty of reclusion perpetua with no possibility of parole for
each of the six (6) counts of consummated rape committed against AAA in Criminal
Case Nos. 6699, 6902,and against BBB in Criminal Case Nos. 6689, 6903, 6905,and
6907. Appellant is further ORDERED to indemnify AAA and BBB for the crime of
consummated rape, in the amounts of P50,000.00 as civil indemnity, P50,000.00 as
moral damages and P25,000.00 as exemplary damages for each of them.

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