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ISSUE + Reasoning 1. WON death penalty is warranted. (court compared the testimony of the 2 parties, said that the clear and categorical declarations of the 3 girls greatly contrasted the testimony of the father who claimed that he is insane, which naturally failed. Decided not to disturb the findings of the trial court, that the testimonies of the 3 girls were more credible than that of the fathers) o NO. though his guilt was proved beyond reasonable doubt, the penalty of three death penalties against him was excessive and unwarranted. In imposing the death penalty, TC erroneously cited Art. 266-A and 266-B of the RPC as amended by RA 8353. The law applicable at the time the offense was committed was RA 7659 (amending Art. 355 (after RA 8353 this provision became 266-a)) which states that death penalty should be imposed if the victim is under 18 and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the 3rd civil degree or the common law spouse of the parent of the victim. But this rule is not automatically applied. The SC has the guided discretion in the imposition of capital punishment of Art. 47 of the RPC recognizes that the
justices are not only voting on the issue of guilt but also on the question of the imposition of the death penalty itself. There may be existing circumstances that warrant the imposition of RP instead of death, like the limited schooling of the accused, or his failure to recognize the gravity of the offense. Lesson time: conviction re: rape of daisy should be struck down. Although the information of her case speaks of a criminal complaint , none was ever presented. SPO4 Calderon (daisys uncle) even testified that Daisy didnt want to pursue the case since she didnt want to be the subject of gossip in the school The trial court convicted Galigao under the provisions of RA 8353 but the crimes were committed in 1996 (8353 took effect 1997). It cannot be applied retroactively. Art. 355 should then be applied which required a criminal complaint for rape. There was none in Daisys case. Trial court erred in convicting Galigao of rape re: Daisys case.
Held: Dorivie and Deborrahs case affirmed but modified. Penalty of Reclusion Perpetua (instead of death penalty), Php50K as indemnity ex-delicto, Php50k moral damage and Php25k as exemplary damages. As for Daisys case- Acquitted.