THIRD DIVISION [G. R. No. 172321, February 09, 2011] PEOP E OF THE PHI IPPINES, P !INTIFF"!PPE EE, VS.

REN!TO D!D# %!P!N!S, DEFEND!NT"!PPE !NT. DE%ISION

&ERS!'IN, (.) A rapacious father who vented his lust on his own daughter without any qualms is allowed to suffer the lesser penalty because of the failure of the criminal information to aver his relationship with the victim. Even so, the Court condemns his most despicable crime. The father is now before the Court to assail the decision promulgated on January 2 , 2 ! in C.A." #.$. C$."%.C. &o. ' 2', whereby the Court of Appeals (CA) pronounced him guilty beyond reasonable doubt of simple rape in Criminal Case &o. *+"2, -, imposing reclusion perpetua, and of acts of lasciviousness in Criminal Case &o. *+"2, ., thereby modifying the sentences handed down by the $egional Trial Court, /ranch 202 ($TC), in 1ari2ina City. 3'4 T*e %*ar+e, 5n January 2+, '**+, the accused was charged in the $TC with rape and attempted rape through separate informations, as follows6 Criminal Case &o. *+"2, -"17 That on or about the '.th day of January, '**+ in the City of 1ari2ina, 8hilippines and within the 9urisdiction of this %onorable Court, the above"named accused, by means of threats, force and intimidation, did then and there willfully, unlawfully and feloniously have carnal 2nowledge with AAA,324 against her will and consent.3,4 Criminal Case &o. *+"2, ."17 That on or about the 22nd day of January, '**+ in the City of 1ari2ina, 8hilippines and within the 9urisdiction of this %onorable Court, the above"named accused, by means of force, violence and intimidation and with lewd design, did then and there willfully, unlawfully and feloniously try and attempt to have carnal 2nowledge of herein complainant one AAA, thus commencing the commission of the crime of rape directly by overt acts but did not perform all the acts of e:ecution that could have produced the crime of rape by reason of cause or causes other than his own spontaneous desistance.3-4 E-./e01e o2 3*e Pro,e1u3.o0 ;n the evening of January '., '**+, AAA, then sleeping in the bedroom that she and her five younger siblings shared with their father, was roused from sleep by someone undressing her. 3.4 ;t was her father. AAA resisted, but the accused, wielding a bladed weapon, 3!4 threatened to 2ill her if she shouted.304 The accused then forcibly 2issed her on the lips, mashed her breasts, touched her private parts, and had carnal 2nowledge of her. After her ordeal, she put on her garments and 9ust cried.3+4 <he recalled that her father had first se:ually abused her on =ebruary '-, '**2. 3*4 5n January 22, '**+, AAA was again roused from sleep by her father touching her body. &oticing

!$

that her shorts were already un>ipped and unbuttoned, she >ipped and buttoned them up and covered herself with a blan2et. /ut her father pulled the blan2et away and tried to un>ip her shorts. %owever, she was able to go under the wooden bed to evade him. <he resisted his attempts to pull her out from under the bed by firmly holding on to the bed. <he told him that she would not get out from under the bed because what he was doing to her was bad. 3' 4 ?pon hearing her, he stopped and withdrew, telling her to leave the house. %e then went to sleep. 3''4 ;n the meanwhile, ///, AAA@s younger sister, was awa2ened by what she thought was an argument between her father and AAA. <he heard him tell AAA6 Tumigil ka na nang kaiiyak, wala ka nang pakinabang. AAA 9ust cried under the bed and did not say anything. /// soon fell asleep, 3'24 but AAA could not sleep and remained under the bed until morning when the accused left to ply his 9eepney route. 3',4 ?pon wa2ing up, /// saw her father as he was about to leave the house. <he heard him telling AAA to leave the house.3'-4 As soon as he had left, /// approached the crying AAA and as2ed what had happened to her. AAA related her ordeal and pleaded with /// to help her. 3'.4 Together, they went to their uncle, CCC, to report the incident. CCC queried AAA whether she wanted her father to be thrown in 9ail, and she replied in the affirmative. Thus, CCC requested his wife to accompany AAA to the barangay to file a complaint. Aater, AAA and CCC@s wife went to Camp Crame for the physical and genital e:aminations, which established that AAA had a deep healed hymenal laceration at .6 o@cloc2 position.3'!4 E-./e01e o2 3*e De2e0,e The accused denied molesting AAA. %e narrated that on January '., '**+, AAA and /// left the house at around !6, p.m. to watch television elsewhere and returned only at around ''6 p.m.B that on January 22, '**+, he scolded AAA for her failure to coo2 on timeB that at around -6 a.m. of January 2,, '**+, he struc2 AAA@s face with his fist (dinunggol sa mukha) and told her to leave the house because he was slighted by AAA@s laughing instead of answering his query of whether she had understood why he had scolded her the previous nightB and that AAA was no longer a virgin due to her having been raped by Joel Cloma in '**2, and by another man in '**,. 3'04 T*e RT% De1.,.o0 5n 1arch 2-, '***, the $TC found the accused guilty of rape in Criminal Case &o. *+"2, -"17, and imposed the death penalty, ordering him to pay to AAA 8. , . as civil indemnity and 82 , . as moral damagesB and of attempted rape in Criminal Case &o. *+"2, ."17, and imposed the indeterminate penalty of four years, nine months, and eleven days of prision correccional, as minimum, to five years, four months, and twenty days, as ma:imum, ordering him to pay to AAA 82 , . as moral damages. T*e %! De1.,.o0 5n appeal, the accused assigned the following errors, to wit6 ;. T%E T$;AA C5?$T E$$EC ;& ;185<;&# T%E CEAT% 8E&AATD ;& C$;1;&AA CA<E &5. *+"2, CE<8;TE T%AT ACC?<EC EA< &5T 8$58E$AD ;&=5$1EC 5= T%E &AT?$E A&C CA?<E 5= ACC?<AT;5& A#A;&<T %;1 E%;C% ;< ;& F;5AAT;5& 5= %;< C5&<T;T?T;5&AA $;#%T.

;;. T%E T$;AA C5?$T E$$EC ;& C5&F;CT;&# ACC?<EC"A88EAAA&T 5= ATTE18TEC $A8E C5C7ETEC A< C$;1;&AA CA<E &5. *+"2, ..

&onetheless, the CA disposed in its decision promulgated on January 2 , 2

!6

E%E$E=5$E, the Cecision appealed from is A==;$1EC with the following 15C;=;CAT;5&6 ;n Criminal Case &o. *+"2, -"17, accused"appellant $enato Cadulla y Capanas is found guilty beyond reasonable doubt of simple rape and is sentenced to suffer the penalty of reclusion perpetua. Accused"appellant is also ordered to pay AAA moral damages in the amount of 8. , . , in addition to civil indemnity in the amount of 8. , . . ;n Criminal Case &o. *+"2, ."17, accused"appellant $enato Cadulla y Capanas, is found guilty beyond reasonable doubt of the crime of acts of lasciviousness and is sentenced to suffer an indeterminate penalty of si: (!) months of arresto mayor, as minimum, to four (-) years and two (2) months of prision correccional, as ma:imum, and to pay AAA the amount of 8, , . as moral damages. <5 5$CE$EC. The CA held that the correct penalty in Criminal Case &o. *+"2, -"17 was reclusion perpetua because the accused was liable only for simple rape by virtue of the information not alleging any qualifying circumstancesB and that in Criminal Case &o. *+"2, ."17 the accused was guilty only of acts of lasciviousness, not attempted rape, because his act of opening the >ipper and buttons of AAA@s shorts, touching her, and pulling her from under the bed constituted only acts of lasciviousness. Ru4.0+ o2 3*e %our3 Ee sustain the conviction but correct the award of civil liability. I %r.5.0a4 .ab.4.3.e, The CA correctly determined the criminal liabilities in both cases. To begin with, the finding and conclusion of the $TC that the totality of the evidence presented by the <tate painted a convincing tale of AAA@s harrowing e:perience at the hands of the accused are well founded and supported by the records. %er unwavering testimonial account of the bestiality of her own father towards her reflected her singular reliability. The CA@s holding that a woman would thin2 twice before concocting a story of rape unless she was motivated by a desire to see2 9ustice for the wrong committed against her3'+4 was apt and valid. ;ndeed, her revelation of being se:ually assaulted by her own father several times could only proceed from innate sincerity, and was entitled to credence in the absence of strong showing by the accused of grounds to disbelieve her. Also, her immediate willingness to report to and face the police investigation and to undergo the trouble and humiliation of a public trial was a badge of trustworthiness. <econdly, the failure to allege the qualifying circumstance of relationship in the information in Criminal Case &o. *+"2, -"17 precluded a finding of qualified rape against the accused. <ection +, 3'*4 $ule '' of the Rules of Court has e:pressly required that qualifying and aggravating circumstances be specifically alleged in the information. Cue to such requirement being pro reo, the Court has authori>ed its retroactive application in favor of even those charged with felonies committed prior to Cecember ', 2 (i.e., the date of the effectivity of the 2 revision of the Rules of Criminal Procedure that embodied the requirement).32 4 The term Gaggravating circumstanceG is strictly construed when the appreciation of the modifying

circumstance can lead to the imposition of the ma:imum penalty of death. 32'4 Consequently, the qualifying circumstance of relationship, even if established during trial, could not affect the criminal penalty of the accused by virtue of its non"allegation in the information. The accused could not be convicted of the graver offense of qualified rape, although proven, because relationship was neither alleged nor necessarily included in the information.3224 Accordingly, the accused was properly convicted by the CA for simple rape and 9ustly punished with reclusion perpetua. Thirdly, it is notable that the $TC outrightly concluded that the crime committed on January 22, '**+ constituted attempted rape, after quoting the testimony of AAA and ///. ;t offered no analysis or discussion of why the accused was criminally liable for attempted rape. The omission contravened <ection '-,32,4 Article F;;; of theConstitution, as reiterated in <ection ',32-4 $ule '2 of the Rules of Court, which en9oined that decisions should state clearly and distinctly the facts and the law on which they are based.32.4 &onetheless, the omission did not invalidate or render ineffectual the conviction, for the CA in due course reformed the $TC@s error. ;n its disquisition on why the accused should be held liable for acts of lasciviousness, instead of attempted rape, the CA e:plained the true nature of the crime of the accused thus6 Ee li2ewise agree with accused"appellant that the court a quo erred in convicting him of attempted rape in Criminal Case &o. *+"2, ."17. ;n connection with the incident that transpired on January 22, '**+, Ai>a testified as follows6
8ros. Cela 8eHIa6 J6 Eitness6 A6 J6 A6 J6 A6 J6 A6 J6 A6 J6 A6 6) !) 6) !) 6) !) 6) !) Des, sir. Again 1iss Eitness, tell us this incident that you are referring toK Ehile ; was sleeping, ; was awa2ened that my >ipper was already opened and my buttons were already loosened. And upon noticing that the >ipper and the buttons of your short3s4 are already loosened or opened, what did you doK ; >ipped it again and unbuttoned it. Eas your father there on that nightK Des, sir. Ehat about your brother and sistersK They were already asleep. Ai2e on January '., '**+, you slept, on January 22, '**+, you slept side by side with your brothers and sisters and your fatherK Des, sir. D./ you 0o3.1e 3*e 7re,e01e o2 your 2a3*er 8*e0 you ,a./ you 8ere a8a9e0e/ o0 3*a3 0.+*3: $e,, ,.r. ;*a3 8a, *e /o.0+: He 8a, ,.33.0+ a0/ 3ou1*.0+ 5e, ,.r. Ho8 2ar 8a, *e 2ro5 you: He 8a, 0ear 5e. !0/ u7o0 ,ee.0+ your 2a3*er 0ear you a0/ 3*e bu33o0 a0/ <.77er o2 your ,*or3[,] 8a, o7e0, 8*a3 /./ you /o: I <.77e/ a0/ u0bu33o0e/ 5y ,*or3[,] a0/ 1o-ere/ 5y,e42 8.3* b4a09e3. Ehile you were sleeping in the evening on January 22, '**+, do you recall of any instance (sic) or incident which awa2ened youK

6) !) 6) !) 6) !) 6) !) 6) !) 6) !) 6) !) J6 A6

;*y /./ you 1o-er your,e42 8.3* b4a09e3: &e1au,e I /o 0o3 8a03 3o ,ee *.5 be,./e 5e. D./ you 0o3 a,9 your 2a3*er 3o 4ea-e be1au,e you /o 0o3 8a03 3o ,ee *.5: I 3o4/ *.5. D./ your 2a3*er 4ea-e: No, ,.r. ;*y /o0=3 you 4.9e your 2a3*er be,./e you: &e1au,e o2 3*e,e 3*.0+, *e 8a, /o.0+ 3o 5e. !0/ a23er 1o-er.0+ your,e42 8.3* b4a09e3, 8*a3 3ra0,7.re/ 0e>3: He re5o-e/ 3*e b4a09e3 2ro5 5e, ,.r. !0/ a23er 3*a3, 8*a3 *a77e0e/: He 8a, 2or1.b4y o7e0.0+ 5y ,*or3[,]. ;*a3 /./ you /o 8*e0 your 2a3*er 8a, 2or1.b4y o7e0.0+ your ,*or3[,]: I 1o-ere/ 5y,e42 u0/er 3*e 8oo/e0 be/. %ow wide is this wooden bedK =rom that wall up to the rostrum.

8ros. Cela 8eHIa6 About a distance of two meters in width. Ehy did you hide yourself under the wooden bedK A6 6) !) 6) !) ;n order not to repeat what he was doing to me. !23er you *.[/] your,e42 u0/er 3*e 8oo/e0 be/, 8*a3 /./ your 2a3*er /./ [,.1] 3o you: He *e4/ 5e o0 5y *a0/, a0/ 3r.e/ 3o 7u44 5e ou3 u0/er 3*e 8oo/e0 be/. !0/ 8a, your 2a3*er ab4e 3o 7u44 you ou3 u0/er 3*e 8oo/e0 be/: No ,.r.

T*e a13 o2 a11u,e/"a77e44a03 .0 o7e0.0+ 3*e <.77er a0/ bu33o0, o2 3*e ,*or3, o2 .<a, 3ou1*.0+ *er a0/ 7u44.0+ *er 8*e0 ,*e *./ u0/er 3*e be/ ,*o8e/ 3*a3 *e e574oye/ 2or1e o0 .<a a0/ 8a, 5o3.-a3e/ by 4e8/ /e,.+0,. T*e 8or/ ?4e8/? ., /e2.0e/ a, ob,1e0e, 4u,32u4, .0/e1e03, a0/ 4e1*erou,. I3 ,.+0.2.e, 3*a3 2or5 o2 .55ora4.3y 8*.1* *a, re4a3.o0 3o 5ora4 .57ur.3y@ or 3*a3 8*.1* ., 1arr.e/ .0 a 8a03o0 5a00er. T*u,, 3*e 1r.5e 1o55.33e/ by a11u,e/"a77e44a03 ., 5ere4y a13, o2 4a,1.-.ou,0e,,, 8*.1* ., .014u/e/ .0 ra7e. The elements of the crime of acts of lasciviousness are6 (') that the offender commits any act of lasciviousness or lewdnessB (2) that it is done6 (a) by using force and intimidation, or (b) when the offended party is deprived of reason or otherwise unconscious, or (c) when the offended party is under '2 years of ageB and (,) that the offended party is another person of either se:. 32!4 According to People v. Collado,3204 the difference between attempted rape and acts of lasciviousness lies in the intent of the perpetrator as deduced from his e:ternal acts. The intent referred to is the intent to lie with a woman.32+4 Attempted rape is committed when the GtouchingG of the vagina by the penis is coupled with the intent to penetrateB otherwise, there can only be acts of lasciviousness.32*4 Thus, the accused@s act of opening the >ipper and buttons of AAA@s shorts, touching her, and trying to pull her from under the bed manifested lewd designs, not intent to lie with her. The evidence to prove that a definite intent to lie with AAA motivated the accused was plainly wanting, therefore, rendering him guilty only of acts of lasciviousness in Criminal Case &o. *+"2, ."17. And, fourthly, the indeterminate penalty imposed by the $TC was erroneous for not being in accord with the Indeterminate entence !aw. This impelled the CA to revise the indeterminate penalty, rationali>ing6

?nder Article ,,! of the $evised 8enal Code, the penalty for acts of lasciviousness is prision correccional. Ee impose the penalty in its medium period, there being no aggravating or mitigating circumstance alleged and proved. Applying the ;ndeterminate <entence Aaw, the proper penalty imposable is from si: months ofarresto mayor, as minimum, to four years and two months of prision correccional, as ma:imum.3, 4 Ee uphold the revision by the CA. The $TC fi:ed the minimum of the indeterminate penalty from within prision correccional, when <ection '3,'4 of the Indeterminate entence !aw e:pressly required that the minimum Gshall be within the range of the penalty ne:t lower to that prescribed by the Code for the offense.G The penalty ne:t lower is arresto mayor. II %.-.4 4.ab.4.3y 5u,3 be 5o/.2.e/ ?nder Article 22, of the Civil Code,3,24 the attendance of any aggravating circumstance (generic, qualifying, or attendant) entitles the offended party to recover e:emplary damages. %ere, relationship was the aggravating circumstance attendant in both cases. Ee need to award 8, , . as e:emplary damages in rape and of 8' , . as e:emplary damages in acts of lasciviousness. Although, as earlier mentioned, an aggravating circumstance not specifically alleged in the information (albeit established at trial) cannot be appreciated to increase the criminal liability of the accused, the established presence of one or two aggravating circumstances of any kind or nature entitles the offended party to e:emplary damages under Article 22, of the Civil Codebecause the requirement of specificity in the information affected only the criminal liability of the accused, not his civil liability. The Court has well e:plained this in People v. Catubig"3,,4 The term Gaggravating circumstancesG used by the Civil Code, the law not having specified otherwise, is to be understood in its broad or generic sense. The commission of an offense has a two"pronged effect, one on the public as it breaches the social order and the other upon the private victim as it causes personal sufferings, each of which is addressed by, respectively, the prescription of heavier punishment for the accused and by an award of additional damages to the victim. The increase of the penalty or a shift to a graver felony underscores the e:acerbation of the offense by the attendance of aggravating circumstances, whether ordinary or qualifying, in its commission.#04.9e 3*e 1r.5.0a4 4.ab.4.3y 8*.1* ., ba,.1a44y a S3a3e 1o01er0, 3*e a8ar/ o2 /a5a+e,, *o8e-er, ., 4.9e8.,e, .2 0o3 7r.5ar.4y, .03e0/e/ 2or 3*e o22e0/e/ 7ar3y 8*o ,u22er, 3*ereby. I3 8ou4/ 5a9e 4.334e ,e0,e 2or a0 a8ar/ o2 e>e574ary /a5a+e, 3o be /ue 3*e 7r.-a3e o22e0/e/ 7ar3y 8*e0 3*e a++ra-a3.0+ 1.r1u5,3a01e ., or/.0ary bu3 3o be 8.3**e4/ 8*e0 .3 ., Aua4.2y.0+. ;.3*a4, 3*e or/.0ary or Aua4.2y.0+ 0a3ure o2 a0 a++ra-a3.0+ 1.r1u5,3a01e ., a /.,3.013.o0 3*a3 ,*ou4/ o04y be o2 1o0,eAue01e 3o 3*e 1r.5.0a4, ra3*er 3*a0 3o 3*e 1.-.4, 4.ab.4.3y o2 3*e o22e0/er. I0 2.0e, re4a3.-e 3o 3*e 1.-.4 a,7e13 o2 3*e 1a,e, a0 a++ra-a3.0+ 1.r1u5,3a01e, 8*e3*er or/.0ary or Aua4.2y.0+, ,*ou4/ e03.34e 3*e o22e0/e/ 7ar3y 3o a0 a8ar/ o2 e>e574ary /a5a+e, 8.3*.0 3*e u0br./4e/ 5ea0.0+ o2 !r3.14e 2230 o2 3*eCivil Code. That People v. Catubig was subsequent to the dates of the commission of the crimes charged did not matter. Ai2e any other 9udicial interpretation of an e:isting law, the ruling in People v. Catubig settled the circumstances when Article 22, of the Civil Code applied, thereby reflecting the meaning and state of that legal provision. The retroactivity of the ruling vis#$ #vis the accused could not be challenged or be barred by virtue of its being civil, not penal, in effect.

;HEREFORE, the Cecision promulgated on January 2 , 2 ! in CA"#.$. C$"%.C. &o. ' 2' is affirmed in all respects, sub9ect to the modification that the civil liabilities include 8, , . as e:emplary damages for the rape (Criminal Case &o. *+"2 ,-"17), and 8' , . as e:emplary damages for the acts of lasciviousness (Criminal Case &o. *+"2 ,."17). SO ORDERED. Carpio %orales, &Chairperson', (rion, Peralta,L and )illarama, *r., **., concur.

;n lieu of Justice 1aria Aourdes 8. A. <ereno who is on leave per 5ffice 5rder &o. *-- dated =ebruary *, 2 ''.
L

Rollo, pp. ,"'-B penned by Associate Justice 1arina A. /u>on (retired), with Associate Justice Aurora <antiago"Aagman (retired) and Associate Justice Arcangelita $omilla"Aonto2 (retired), concurring.
3'4

8ursuant to $epublic Act &o. *2!2 (+nti#)iolence +gainst ,omen and Their Children +ct of 2 -), and its implementing rules, the real names of the victims, as well as those of their immediate families or household members, are withheld and instead fictitious initials are used to represent them, to protect their privacy. <eePeople v. Cabalquinto, #.$. &o. '!0!*,, <eptember '*, 2 !, . 2 <C$A -'*.
324 3,4

CA Rollo, pp. -".. Id., pp. !"0. T<&, June ,, '**+, p. ' . Id., p. -!. Id., p. ' . Id., pp. ''"'+. Id., p. '!. Id., pp. 22"2!. Id., p. 2!. T<&, June *, '**+, pp. 2 "2'. T<&, June ,, '**+, pp. 2!"20. Id., p. 2-. Id., pp. 2."2!. E:hibit =older &o. 2, E:hibits for the 8laintiff, mar2ed as E:hibit /. T<&, June 2-, '**+, pp. ,"'!.

3-4

3.4

3!4

304

3+4

3*4

3' 4

3''4

3'24

3',4

3'-4

3'.4

3'!4

3'04

3'+4

Rollo, p. ''.

<ec. +. -esignation of the offense. # The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and ,7e1.2y .3, Aua4.2y.0+ a0/ a++ra-a3.0+ 1.r1u5,3a01e,. ;f there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.
3'*4

People v. %ondi.ar, #.$. &o. '-'*'-, &ovember 2', 2 #.$. &o. ',!0,!, April '', 2 2, ,+ <C$A .!'.
32 4 32'4

2, ,*2 <C$A ,.!B People v. %arque/,

People v. 0rilla, #.$. &o. '-+*,*"- , =ebruary ',, 2

-, -22 <C$A !2 , !- . 2, ,*- <C$A ,2., ,,,.

3224

People v. 1lores, *r., #. $. &o. '2++2,"2-, Cecember 20, 2

<ection '-. &o decision shall be rendered by any court without e:pressing therein clearly and distinctly the facts and the law on which it is based.
32,4

&o petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor. <ection '. *udgment2 definition and form. " Judgment is the ad9udication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any. ;t must be written in the official language, personally and directly prepared by the 9udge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based. ('a).
32-4

People v. 3rnas, #.$. &os. ',02.!".+, August !, 2 &os. '' +'0"22, June ',, '**0, 20, <C$A ,+-.
32.4 32!4

,, - + <C$A ,*'B People v. (ugarin, #.$.

Rollo, pp. '2"'.B bold underscoring is supplied for emphasis. #.$. &os. ',.!!0"0 , 1arch ', 2 ', ,., <C$A ,+', ,*2. ., -. <C$A ,2+, ,,,.

3204

32+4

People v. %endo/a, #.$. &os. '.2.+* and '.20.+, January ,', 2 upra, note 2+. Rollo, p. '..

32*4

3, 4

<ection '. %ereafter, in imposing a prison sentence for an offense punished by the Revised Penal Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the ma:imum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the said Code, and the minimum which shall be within the range of the penalty ne:t lower to that prescribed by the Code for the offenseB and if the offense is punished by any other law, the court shall sentence the accused to an indeterminate sentence, the ma:imum term of which shall not e:ceed the ma:imum fi:ed by said law and the minimum shall not be less than the minimum term prescribed by the same. &+s amended by +ct 4o. 5667'
3,'4

Article 22, . ;n criminal offenses, e:emplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. <uch damages are separate and distinct from fines and shall be paid to the offended party.
3,24 3,,4

#.$. &o. ',0+-2, August 2,, 2

', ,!, <C$A !2', !,. (bold emphasis supplied).