Page 1 of 7

Revenge Theory-Acst of Lasciviousness/Rape

En Banc
G.R. Nos. 148716-18, July 7, 2004
PEOPLE OF THE PHLPPNE!, "PPELLEE, #!. !"L#"$OR ORLLO!" % $EL" &R'(,
"PPELL"NT.
DECISION
Ynares-Santiago, J.:
On automatic review is the decision of the egiona! "ria! Court of #a!o!os, $u!acan, $ranch %&,
'&(
)nding a**e!!ant Sa!vador Ori!!osa + de!a Cru, gui!t+ of acts of !asciviousness in Crimina! Case No.
%-..-#-//, sentencing him to su0er the *ena!t+ of two 1%2 +ears, four 132 months and one 1&2 da+ to
three 142 +ears of prision correccional in its medium *eriod, and two counts of ra*e in Crimina! Cases
Nos. %-.&-#-// and %-.%-#-//, for which he was meted the su*reme *ena!t+ of death for each
count.
5**e!!ant was charged with three counts of a*e committed against his daughter, 5ndre!+n
Ori!!osa, in three se*arate Informations, the accusator+ *ortions of which read:
Crimina! Case No. %-..-#-// -
"hat sometime in the +ear of &//4, in the munici*a!it+ of 6uiguinto, *rovince of $u!acan,
7hi!i**ines and within the 8urisdiction of this 9onora:!e Court, the a:ove-named accused did then and
there wi!!fu!!+, un!awfu!!+ and fe!onious!+ :+ means of force and intimidation, with !ewd designs have
carna! ;now!edge of his own daughter, 5ndre!+n Ori!!osa, / +ears o!d, against her wi!! and without her
consent.
Contrar+ to !aw.
Crimina! Case No. %-.&-#-// -
"hat on or a:out the %-
th
da+ of Ju!+, &///, in the munici*a!it+ of 6uiguinto, $u!acan,
7hi!i**ines and within the 8urisdiction of this 9onora:!e Court, the a:ove-named accused did then and
there wi!!fu!!+, un!awfu!!+ and fe!onious!+, :+ means of force and intimidation, with !ewd designs, have
carna! ;now!edge of his own daughter, 5ndre!+n Ori!!osa, &< +ears o!d, against her wi!! and consent.
Contrar+ to !aw.
Crimina! Case No. %-.%-#- // -
"hat sometime in the month of Decem:er &//-, in the munici*a!it+ of 6uiguinto, $u!acan, and
within the 8urisdiction of this 9onora:!e Court, the a:ove-named accused did then and there wi!!fu!!+,
un!awfu!!+, and fe!onious!+, :+ means of force and intimidation, with !ewd designs, have carna!
;now!edge of his own daughter, 5ndre!+n Ori!!osa, &< +ears o!d, against her wi!! and without her
consent.
Contrar+ to !aw.
5**e!!ant *!eaded not gui!t+ to the charges, after which the three crimina! cases were 8oint!+
tried.
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Revenge Theory-Acst of Lasciviousness/Rape
Sometime in Decem:er &//-, at around &.:.. in the morning, whi!e 5ndre!+n Ori!!osa was on
the ground =oor of their house, her father, a**e!!ant Sa!vador Ori!!osa, ca!!ed her u*stairs. 5**e!!ant
c!osed the door of the room and mashed his daughter>s :reasts. 9e whis*ered to her not to te!!
an+:od+. 5**e!!ant then ordered 5ndre!+n to !ie down on the =oor, then he removed her t-shirt and
*u!!ed down her short *ants. 9e mounted the victim and tried to force his *enis into her daughter>s
genita!ia. Des*ite his e0orts, a**e!!ant fai!ed to fu!!+ *enetrate the organ of 5ndre!+n. ?hen
a**e!!ant stood u*, 5ndre!+n saw his *enis dri**ing with a whitish su:stance. 5ndre!+n cou!d do
nothing :ut to whim*er in *rotest. 5fter her ordea!, she ran awa+ from home and sought refuge in the
house of a re!ative. $efore !ong, her mother fetched her and :rought her :ac; home. She to!d her
mother a:out her harrowing e@*erience, :ut the !atter chided her instead for ma;ing u* stories.
On Ju!+ %-, &///, 5ndre!+n s!e*t in the u**er room of the house. Ear!ier that da+, her *arents
had a Auarre!, which caused her mother to !eave. 5t %:.. in the morning, a**e!!ant entered 5ndre!+n>s
room and carried her to the ground =oor. "here, he too; o0 her c!othing, and !aid her on the =oor. 9e
then stradd!ed her, and ;issed her re*eated!+ on the nec;. 5fter undressing himse!f, he forced his
*enis into her vagina, :ut on!+ a *ortion thereof *enetrated 5ndre!+n>s organ. 9is !ust satiated,
a**e!!ant dressed u* and !eft for wor;. 5ndre!+n ran u*stairs cr+ing :ecause of *h+sica! and
emotiona! anguish. 9er Bu+a Ceandre saw her and as;ed wh+ she was cr+ing. She did not te!! him
what ha**ened for fear that her father might vent his anger on her Bu+a.
Sometime in 5ugust &///, 5ndre!+n to!d her Lola Iging a:out her father>s se@ua! assau!ts, :ut
the !atter did not :e!ieve her and even re:u;ed her for causing em:arrassment to her father. ?ith no
one to turn to, she *ersona!!+ re*orted the matter to the :aranga+ ca*tain who accom*anied her to
the *o!ice where she gave a written statement.
On direct e@amination, 5ndre!+n a!so revea!ed that in &//4, a**e!!ant )rst mo!ested her when
he inserted his )nger in her vagina.
'%(
On Se*tem:er %4, &///, Dr. Ivan ichard Dira+, medico-!ega! oEcer of the 7N7-$u!acan Crime
Ca:orator+, e@amined the victim 5ndre!+n Ori!!osa. 9e noted the *resence of dee*-hea!ed !acerations
at 4, F, -, and / o>c!oc; *ositions which, according to the victim, were in=icted :+ a**e!!ant since she
was in 6rade III.
'4(
"he defense *resented #ar+ 5nn Ori!!osa, the victim>s +ounger sister, who testi)ed that in
&//4, when the a!!eged )rst ra*e incident occurred, she was G +ears o!d and was !iving with her
*arents in I!ang-i!ang, 6uiguinto, $u!acan. 9er sister, 5ndre!+n, was then / +ears o!d. She was
a!wa+s in the house after c!asses and during !unch :rea;s, and she cou!d not reca!! an+ sing!e moment
when a**e!!ant and 5ndre!+n were !eft a!one in the house. 9er father wor;ed from &.:.. in the
morning to G:.. in the evening ever+da+, inc!uding Saturda+s and Sunda+s.
#ar+ 5nn further stated that on Ju!+ %-, &///, at around -:.. in the evening, when the a!!eged
third ra*e incident ha**ened, a**e!!ant and the other mem:ers of the fami!+ were in the house,
e@ce*t for 5ndre!+n who ran awa+ from home. She surmised that 5ndre!+n might have :een
*rom*ted to )!e the instant com*!aint :ecause of her father>s crue!t+ to her sister. She e@*!ained that
a**e!!ant freAuent!+ whi**ed and s*an;ed 5ndre!+n, es*ecia!!+ when she did not remit the *roceeds
of the 8ueteng co!!ection to a**e!!ant, who moon!ighted as a co!!ector of the i!!ega! num:ers game.
5ccording to her, she was forced to sign the com*!aint :+ the $aranga+ Ca*tain on the *rete@t that if
she did 5ndre!+n wou!d :ecome an actress. #oreover, the said $aranga+ Ca*tain coerced her into
admitting that she too was the victim of her father>s !echer+. She :e!ied the charge that her father
ra*ed 5ndre!+n. "he truth of the matter, she c!aimed, is that she saw 5ndre!+n having se@ with )ve
:o+s and was a**arent!+ ta;ing *!easure in the e@*erience.
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Revenge Theory-Acst of Lasciviousness/Rape
#ar+ 5nne further testi)ed that during the who!e month of Decem:er &//-, when the a!!eged
second ra*e incident ha**ened, 5ndre!+n wor;ed as a :a:+sitter in 7!aride!, $u!acan. She cou!d reca!!
on!+ one instance when 5ndre!+n went :ac; to their house in 6uiguinto. 5ndre!+n sta+ed in the house
for a short time in the morning :ut went :ac; to wor; short!+ thereafter. During 5ndre!+n>s short visit
in Decem:er, their mother and +ounger si:!ings were in the house whi!e a**e!!ant was wor;ing in
#ari!ao.
On the witness stand, Cei8ani Ori!!osa a!so testi)ed that together with her sisters, 5ndre!+n and
#ar+ 5nne, the+ were :rought :+ the $aranga+ Ca*tain to the $aranga+ 9a!!. $efore the $aranga+
oEcia!s, 5ndre!+n wanted her to admit that the+ too were mo!ested :+ their father, :ut she adamant!+
refused to accede to 5ndre!+n>s wishes. 5ccording to her, the $aranga+ Ca*tain coa@ed her and #ar+
5nne into signing a document :+ *romising them that if the+ did, their sister 5ndre!+n wou!d :ecome
an actress. "he $aranga+ Ca*tain coerced her into signing the document :+ ho!ding her hand and
forcing her to aE@ her signature. She asserted that her father cou!d not have ra*ed 5ndre!+n :ecause
she wou!d a!wa+s !eave the house and was out for da+s on end. She o*ined that 5ndre!+n )!ed the
instant com*!aint :ecause she cou!d no !onger ta;e the :eatings from her father.
On Januar+ %3, %..&, the tria! court rendered a decision )nding a**e!!ant gui!t+ of the crimes of
acts of !asciviousness and of two counts of ra*e, the decreta! *ortion of which reads:
?9EEHOE, this Court here:+ reso!ves and )nds the accused Sa!vador Ori!!osa 6IIC"Y :e+ond
reasona:!e dou:t, in Crimina! Case No. %-..-#-// with the crime of 5cts of Casciviousness for which
he is here:+ sentenced to su0er the *ena!t+ of "wo 1%2 +ears Hour 132 months and One 1&2 da+ to
"hree 142 +ears of prision correccional mediumJ and in :oth Crimina! Cases Nos. %-.&-#-// and %-.%-
#-// with the crime of ra*e 1with Aua!if+ing circumstance2 for which, he is here:+ sentenced to su0er
the su*reme *ena!t+ of Death on two counts.
5dditiona!!+, the o0ended *art+ is to :e indemni)ed in the sum of 74,...... in Crimina! Case
No. %-..-#-// and 7-F,...... each in Crimina! Cases Nos. %-.&-#-// and %-.%-#-//. She is !i;ewise
awarded mora! damages in the amount of 7F,...... in the )rst case and another 7&..,...... each of
the two other cases.
?ith costs against the accused.
SO ODEED.
'3(
9ence, this automatic review, *ursuant to 5rtic!e 3- of the evised 7ena! Code, as amended. In
his 5**e!!ant>s $rief, a**e!!ant raises the fo!!owing errors:
I
"9E "I5C COI" 65DECY EED IN HINDIN6 "9E 5CCISED 6IIC"Y $EYOND E5SON5$CE
6OIND OH "9E CI#E OH 5C"S OH C5SCIDIOISNESS.
II
"9E "I5C COI" 65DECY EED IN HINDIN6 "9E 5CCISED 6IIC"Y $EYOND E5SON5$CE
DOI$" OH "?O 1%2 COIN"S OH 57E 5ND IN I#7OSIN6 "9E DE5"9 7EN5C"Y.
'F(
In su**ort of the )rst assigned error, a**e!!ant argues that the ra*e a!!eged!+ committed in
&//4 was not mentioned during the direct e@amination or in the cross-e@amination of 5ndre!+n and
was on!+ :rought out on re-direct e@amination. In fact, the narration of the a!!eged crime of ra*e was
insuEcient so much so that the tria! court reduced the charge to acts of !asciviousness. #oreover, the
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Revenge Theory-Acst of Lasciviousness/Rape
*rosecutor *ut words in the mouth of the witness when he *remised his Auestion as: KDid +ou not sa+
in &//4, +our father mere!+ inserted his )nger on the *rivate organLM
5**e!!ant>s c!aim that the *rosecution fai!ed to *rove its charge of acts of !asciviousness u*on
the victim is :e!ied :+ the fo!!owing e@change on direct e@amination of 5ndre!+n:
'<(
Hisca! 6ammad:
N. 5ndre!+n, *!ease te!! us the truth in this statement, more *articu!ar!+ on the second
*age, did +ou rea!!+ give this statementL
5. Yes, ma>am.
N. 5whi!e ago, I as;ed +ou if in Decem:er of &//- was the )rst time that +ou were mo!ested
:+ an+one inc!uding :+ +our father and +ou said K+es>. It a**ears then here that in &//4
aside from )ngering, +our father inserted his KtitiM to +our *rivate organ, wi!! +ou *!ease
e@*!ain thatL
5. In &//4, that was the )rst time that he mo!ested me :+ )ngering me then fo!!owed :+
incident in &//- and then in &///, ma>am.
N. Hor c!ari)cation, are +ou sa+ing that in &//4 whi!e +ou were in 6rade III, +our father mere!+
)ngered +ou and never inserted *enis into +our organL
5. No, ma>am, he mere!+ )ngered me.
Contrar+ to a**e!!ant>s assertion, 5ndre!+n reiterated on cross-e@amination that she was
se@ua!!+ mo!ested :+ a**e!!ant :+ inserting his )nger into her genita!ia, thus:
'-(
Hisca!:
If according to +ou, the *enis of +our father did not fu!!+ *enetrate +our *rivate organ on Ju!+
%-, &///, do +ou ;now of an+ reason wh+ the )ndings of the medico !ega! oEcer on +ou was
that +ou su0ered hea!ed !aceration and +ou were not in a virgin state an+moreL
5. In &//4, he did that to me.
Hisca!:
Did +ou not sa+ in &//4, +our father mere!+ inserted his )nger on +our *rivate organL
5. Yes. Sir.
5s c!ear!+ shown :+ the foregoing, 5ndre!+n, on direct as we!! as on cross-e@amination,
categorica!!+ and candid!+ narrated how she was K)ngeredM :+ a**e!!ant, which testimon+ suEces to
satisf+ the immuta:!e Auantum of *roof reAuired in crimina! cases.
5s correct!+ *ointed out :+ the So!icitor 6enera!, the defense fai!ed to o:8ect when the
*rosecution e!icited further evidence on the acts of !asciviousness. Hor its neg!ect, the defense is
deemed to have e0ective!+ waived on a**ea! its right to o:8ect thereto.
5**e!!ant assai!s his conviction on two counts of ra*e *rinci*a!!+ on the theor+ that the tria!
court did not as; him to testif+ in his defense. "hus, he is now see;ing the remand of the case to the
tria! court for further *roceedings.
"his is not a nove! Auestion. In People v. Resano, we re8ected a simi!ar *!ea :+ stating that:
'G(
"he revenge theor+ cou!d :e :etter deve!o*ed and e@*!ained :+ the a**e!!ant himse!f. $ut he
did not ta;e the witness stand to *ersona!!+ refute the charge and accusation against him. 9e, of
course, has a right not to do so and his fai!ure andOor refusa! to testif+ sha!! not in an+ manner
*re8udice or :e ta;en against him 1u!e &F, Sec. &, 7ar. 1d2, u!es of Court2. $ut where the *rosecution
has a!read+ esta:!ished a *rima facie case, more so when the o0ense charged is grave and suEcient
enough to send accused :ehind :ars for !ife or ma+ even warrant the im*osition of the su*reme
*ena!t+ of death, then in order to meet and destro+ the e0ects of said *rima facie case and so as to
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Revenge Theory-Acst of Lasciviousness/Rape
shift the :urden of *roducing further evidence to the *rosecution, the *art+ ma;ing the denia! must
*roduce evidence tending to negate the :!ame asserted to such a *oint that, if no more evidence is
given, his adversar+ cannot win the case :e+ond a reasona:!e dou:t. In such situation, it ma+ :e
necessar+ for the accused to have a com*!ete destruction of the *rosecution>s *rima facie case, that
he ta;e the stand since no hardshi* wi!! in an+ wa+ :e im*osed u*on him 1I.S. vs. Chan "oco, &% 7hi!.
%<%2. If he fai!s to meet the o:!igation which he owes to himse!f, when to meet it is the easiest of eas+
things he has to do, then he is hard!+ indeed, if he demands and e@*ects that same fu!! and wide
consideration which the state vo!untari!+ gives to those who, :+ reasona:!e e0ort see; to he!*
themse!ves. 1I.S. vs. "ria, &- 7hi!. 4.42
$e that as it ma+, the conviction rests not on the fai!ure :+ a**e!!ant to *ut u* a res*ecta:!e
defense, :ut on the credi:!e and straightforward testimon+ of the *rivate com*!ainant. 9er testimon+,
given in a s*ontaneous and candid manner, withstood the searing cross-e@amination :+ the defense
and carried no earmar;s of fa:rication. ?e sense no cogent reason or circumstance of note to nu!!if+
the truth of her assertions. Oft re*eated is the truism that :eing a woman of tender age, sh+ and
ignorant of the so*histication of cit+ !ife, :+ no stretch of imagination can we :e!ieve that considering
her innate modest+, humi!it+ and *urit+ as a +oung Hi!i*ina, 5ndre!+n wou!d have a!!owed herse!f to :e
the o:8ect of *u:!ic ridicu!e, shame and o:!oAu+ as a victim of se@ua! assau!t or de:aucher+. Deri!+, it
ta;es an e@treme sense of mora! de*ravit+ for a daughter to accuse her ver+ own father of a heinous
crime, such as ra*e, and e@*ose him to the *eri!s attendant to a crimina! conviction if on!+ to e@act
revenge on her father who a!!eged!+ ma!treated her. 5s ear!ier he!d :+ the Court, a true Hi!i*ina wou!d
not go around in *u:!ic unrave!!ing facts and circumstances of her de=oration for no reason, if such
were not true.
'/(
?e )nd that there e@ists no convincing reason to distur: the tria! court>s assessment
of the witnesses> credi:i!it+.
On the matter of force or intimidation, we have ru!ed that in incestuous ra*e of a minor, actua!
force or intimidation need not even :e em*!o+ed where the over*owering mora! in=uence of
a**e!!ant, who is *rivate com*!ainant>s father, wou!d suEce. "he mora! and *h+sica! dominion of the
father is suEcient to cow the victim into su:mission to his :east!+ desires.
'&.(
"he instant case is no
e@ce*tion. 5**e!!ant too; advantage of his over*owering mora! and *h+sica! ascendanc+ to un!eash
his !echer+ u*on his daughter.
In the recent case of People v. Servano,
'&&(
we he!d:
?e have to :ear in mind that in incestuous ra*e, the minor victim is at a great disadvantage
:ecause the assai!ant, :+ his over*owering and over:earing mora! in=uence, can easi!+ consummate
his :estia! !ust with im*unit+. 5s a conseAuence, *roof of force and vio!ence is unnecessar+ un!i;e
where the accused is not an ascendant or :!ood re!ative of the victim. "hus, the fai!ure of the victim to
e@*!icit!+ ver:a!i,e, as in this case, the use of force, threat, or intimidation :+ the accused shou!d not
adverse!+ a0ect the case of the *rosecution as !ong as there is adeAuate *roof that se@ua! intercourse
did ta;e *!ace.
"his *rinci*!e was reiterated in People v. Cea,
'&%(
where, a!though the information a!!eged that
the a**e!!ant was armed with a ;nife, the *rivate com*!ainant never testi)ed that he was so armed
when he se@ua!!+ a:used her. In an+ case, this Court sustained the )nding of force or intimidation on
the ground that it ma+ :e re*!aced :+ mora! ascendanc+ in cases of incestuous ra*e.
On the im*osa:!e *ena!t+, we agree with a**e!!ant that the court a quo erroneous!+ im*osed
the death *ena!t+ in Crimina! Cases Nos. %-.&-#-// and %-.%-#-//. In a *!ethora of cases, we have
invaria:!+ ru!ed that in incestuous ra*e, it is essentia! that the re!ationshi* and minorit+ :e con8oint!+
a!!eged in the information and du!+ *roved. In the cases at :ar, a!though the victim>s re!ationshi* with
a**e!!ant is unAuestioned, the minorit+ of the victim has not :een *roved with mora! certitude. "he
Informations in Crim. Cases Nos. %-.&-#-// and %-.%-#-// a!!ege that the victim was &< +ears o!d at
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Revenge Theory-Acst of Lasciviousness/Rape
the time of the ra*e incidents, +et the *rosecution fai!ed to *resent the :irth certi)cate of the
com*!ainant or an+ other simi!ar inde*endent evidence to *rove the same.
'&4(
"he case of People v.
Javier succinct!+ e@*!ains the necessit+ of such *roof in this wise:
'&3(
5!though the victim>s age was not contested :+ the defense, *roof of age of the victim is
*articu!ar!+ necessar+ in this case considering that the victim>s age which was then &< +ears o!d is
8ust two +ears !ess than the ma8orit+ age of &G. In this age of modernism, there is hard!+ an+
di0erence :etween a &<-+ear o!d gir! and an &G-+ear o!d one insofar as *h+sica! features and
attri:utes are concerned. 5 *h+sica!!+ deve!o*ed &<-+ear o!d !ass ma+ :e mista;en for an &G-+ear o!d
+oung woman, in the same manner that a frai! and +oung !oo;ing &G-+ear o!d !ad+ ma+ *ass as a &<-
+ear o!d minor. "hus, it is in this conte@t that inde*endent *roof of the actua! age of a ra*e victim
:ecomes vita! and essentia! so as to remove an iota of dou:t that the victim is indeed under &G +ears
of age as to fa!! under the Aua!if+ing circumstances enumerated in e*u:!ic 5ct No. -<F/. In a crimina!
*rosecution es*ecia!!+ of cases invo!ving the e@treme *ena!t+ of death, nothing :ut *roof :e+ond
reasona:!e dou:t of ever+ fact necessar+ to constitute the crime with which an accused is charged
must :e esta:!ished :+ the *rosecution in order for said *ena!t+ to :e u*he!d.
?e are thus constrained to ho!d a**e!!ant !ia:!e on!+ for sim*!e ra*e, and to reduce the *ena!t+
to the !ower indivisi:!e *ena!t+ of reclusion perpetua.
"he civi! indemnit+ to :e awarded to the o0ended *art+ shou!d !i;ewise :e modi)ed.
5ccording!+, the victim is entit!ed to 7F.,...... as indemnit+ ex delicto, 7F.,...... as mora!
damages for each count of ra*e
'&F(
without need for *roof of the :asis thereof, and 7%F,...... as
e@em*!ar+ damages to deter other fathers with *erverse *roc!ivities for a:errant se@ua! :ehavior from
se@ua!!+ a:using their own daughters.
'&<(
?ith res*ect to Crimina! Case No. %-..-#-//, we are in fu!! agreement with the court a Auo in
downgrading the crime from ra*e to acts of !asciviousness inasmuch as carna! ;now!edge was not
esta:!ished.
"he a!ternative circumstance of re!ationshi* under 5rtic!e &F of the evised 7ena! Code shou!d
:e a**reciated against a**e!!ant. In crimes of chastit+ such as acts of !asciviousness, re!ationshi* is
considered as aggravating. Inasmuch as it was e@*ress!+ a!!eged in the information and du!+ *roven
during tria! that the o0ended *art+ is the daughter of a**e!!ant, re!ationshi*, therefore, aggravated
the crime of acts of !asciviousness.
Inder 5rtic!e 44< of the evised 7ena! Code, the crime of acts of !asciviousness is *unished
:+ prision correccional. 5**!+ing the Indeterminate Sentence Caw and a**reciating re!ationshi* as an
aggravating circumstance, a**e!!ant cou!d :e sentenced to su0er an indeterminate *rison term of si@
1<2 months of arresto mayor, as minimum, to si@ 1<2 +ears of prision correccional, as ma@imum,
'&-(
and
to *a+ the victim 74.,...... as mora! damages.
'&G(
)HEREFORE, in view of the foregoing, the Decision of the egiona! "ria! Court of #a!o!os,
$u!acan, $ranch %&, )nding a**e!!ant Sa!vador Ori!!osa + de !a Cru, gui!t+ of two counts of ra*e in
Crimina! Cases Nos. %-.&-#-// and %-.%-#-// is"FFR*E$ +,-. -./ *O$F&"TON that in each
case the *ena!t+ is reduced to reclusion perpetua, with a!! the accessor+ *ena!ties thereto. In
addition, a**e!!ant is ordered to *a+ in each case the victim, 5ndre!+n Ori!!osa, 7F.,...... as civi!
indemnit+ ex delictoJ 7F.,...... as mora! damagesJ and 7%F,...... as e@em*!ar+ damages.
5s to Crimina! Case No. %-..-#-//, the 8udgment of conviction for acts of !asciviousness
is "FFR*E$ +,-. *O$F&"TON. 5s modi)ed, a**e!!ant is sentenced to an indeterminate
im*risonment *ena!t+ ranging from si@ 1<2 months of arresto mayor, as minimum, to si@ 1<2 +ears
of prision correccional, as ma@imum, and to *a+ the victim 74.,...... as mora! damages.
Page 7 of 7
Revenge Theory-Acst of Lasciviousness/Rape
Costs de ofcio.
!O OR$ERE$.