PEOPLE vs ALFREDO BON Case Digest.docx

PEOPLE vs ALFREDO BON Case Digest PEOPLE OF THE PHILIPPINES vs. ALFREDO BON G.R. No. 166401 October 30, 006

Eight (8) Infor Informat mation ions s were were filed filed withi within n the perio period d 21 August ugust 2000 2000 to 23 FA!TS" Eight Februar February y 2001 2001 by the Assistant Assistant ro!in"i ro!in"ial al rose"u rose"utor tor of #uma"a$ #uma"a$ %ue&on %ue&on against against  Alfredo 'on (appellant)$ (appellant)$ "harging him with the rape of AAA AAA and '''$ the daughters daughters of  his older brother All All these "ases were "onsolidated for trial he rapes were alleged to ha!e been "ommitted in se!eral instan"es o!er a span of si* (+) years 'oth AAA and ''' testified against appellant$ appellant$ their un"le$ and both identified him as the man who had raped them he ,- "on!i"ted appellant on all eight (8) "ounts of rape It further "onsidered the .ualifying "ir"umstan"es of minority of the !i"tims and the relationship of the !i"tims and appellant$ the latter being the former/s relati!e by "onsanguinity within the third degree he -ourt of Appeals downgraded the "on!i"tions in -riminal -ase os +0+ and +08 to attempted rape he senten"e was pres"ribed by the appellate "ourt prior to the ena"tment of ,A o 3+ whi"h ended the imposition of death penalty he pro*imate "on"ern as to the appellant is whether his penalty for attempted .ualified rape whi"h under the penal law should be two degrees lower than that of "onsummated rape$ should be "omputed from death or re"lusion perpetua ISS#E" hat is the properly penalty for the "rimes "on!i"ted4 HELD" he senten"e of death imposed by the ,- and affirmed by the -ourt of 

 Appeals "an no longer be affirmed affirmed in !iew of ,ep A"t o 3+$ 5e"tion 2 of whi"h mandates that in lieu of the death penalty$ the penalty of re"lusion perpetua shall be impos imposed ed -orr -orresp espon ondin dingly gly$$ the the -ourt -ourt "an "an no longe longerr upho uphold ld the death death sente senten"e n"es s imposed by lower "ourts$ but must$ if the guilt of the a""used is affirmed$ impose instead the penalty of re"lusion perpetua$ or life imprisonment when appropriate 6pon the other hand$ Arti"le 71 of the ,e!ised enal -ode establishes establishes that the penalty to be imposed upon the prin"ipals of an attempted felony must be a penalty lower by two degrees than that pres"ribed by law for the "onsummated felony shall be imposed upon the prin"ipals in an attempt to "ommit a felony he penalty lower by two degrees than that pres"ribed by law for attempted rape is the pres"ribed penalty for the "onsummated rape of a !i"tim duly pro!en to ha!e been under eighteen years of age and to ha!e been raped by her un"le$ is death under Arti"le 2++9' of the ,e!ised enal -ode he determination of the penalty two degrees lower  than the death penalty entails the appli"ation of Arti"les +1 and :1 of the ,e!ised enal -ode Following the s"ale pres"ribed in Arti"le :1$ the penalty two degrees lower than

death is re"lusion temporal$ whi"h was the ma*imum penalty imposed by the -ourt of   Appeals on appellant appellant for attempted attempted rape ;en"e$ the -ourt of Appeals senten"ed appellant to suffer the penalty for attempted rape$ with a ma*imum penalty within the range of re"lusion temporal$ and a minimum penalty within the range of the penalty ne*t lower$ or prision mayor If ,ep A"t o 3+ had had not not been been ena" ena"te ted$ d$ the the -our -ourtt woul would d ha!e ha!e affi affirm rmed ed su"h su"h sent senten en"e "e with withou outt "ompl "ompli"a i"atio tion n ;owe!e ;owe!err$ the the ena"t ena"tmen mentt of the law has has gi!en gi!en rise rise to the prob problem lem "on"erning the imposable penalty Appellant was senten"ed to a ma*imum term within re"lusion temporal sin"e that is the penalty two degrees lower than death ith the elimination of death as a penalty$ does it follow that appellant should now be senten"ed to a penalty two degrees lower than re"lusion perpetua$ the highest remaining penalty with with the the ena" ena"tm tmen entt of ,ep ,ep A"t o o 3+ 3+4 4 If it so foll follow owed ed$$ appe appell llan antt would ould be senten"ed to prision mayor in lieu of re"lusion temporal he "onsummated felony pre!iously punishable by death would now be punishable by re"lusion perpetua At the same time$ the same felony in its frustrated stage would$ under the foregoing premise in this se"tion$ be penali&ed one degree lower from death$ or also re"lusion perpetua It does not seem right$ of "ourse$ that the same penalty of  re"lusion perpetua would be imposed on both the "onsummated and frustrated felony hus$ ,A 3+ should be "onstrued as ha!ing downgraded downgraded those penalties atta"hed to death by reason of the graduated s"ale under Arti"le :1