763 PHIL. 150
VILLARAMA, JR., J.:
[Criminal Case No. CR-08-9204]The prosecution established that AAA was born on December 17, 1993. She is the daughter of appellant and BBB. They resided at Sitio XXX, Barangay XXX, Municipality of Victoria, Province of Oriental Mindoro.
That on the month of March 2007, at 11:00 o'clock in the evening, more or less, at Sitio [XXX], Barangay [XXX], Municipality of Victoria, Province of Oriental Mindoro, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, motivated by lust, lewd and unchaste desire and by means of force, violence, threats and intimidation and even taking advantage of his moral authority and influence over the private complainant [AAA], his legitimate daughter and who was then fourteen (14) years old, did then and there willfully, unlawfully and feloniously have carnal knowledge of her against her will and without her consent, thereby violating her person and chastity, acts of sexual abuse which debase, degrade and demean the intrinsic worth and dignity of said [AAA] as a child and as a human being, to her damage and prejudice.
In the commission of the offense, the qualifying circumstances of relationship is attendant, the accused being the father of the complainant and the complainant being then under eighteen (18) years [of] age.
Contrary to Law.[3]
[Criminal Case No. CR-08-9205]
That on the month of June 2007, at 11:30 o'clock in the morning, more or less, at Sitio [XXX], Barangay [XXX], Municipality of Victoria, Province of Oriental Mindoro, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, motivated by lust, lewd and unchaste desire and by means of force, violence, threats and intimidation and even taking advantage of his moral authority and influence over the private complainant [AAA], his legitimate daughter and who was then fourteen (14) years old, did then and there willfully, unlawfully and feloniously have carnal knowledge of her against her will and without her consent, thereby violating her person and chastity, acts of sexual abuse which debase, degrade and demean the intrinsic worth and dignity of said [AAA] as a child and as a human being, to her damage and prejudice.
In the commission of the offense, the qualifying circumstances of relationship is attendant, the accused being the father of the complainant and the complainant being then under eighteen (18) years [of] age.
Contrary to Law.[4]
[Criminal Case No. CR-08-9206]
That on the month of October 2007, at 8:00 o'clock in the morning, more or less, at Sitio [XXX], Barangay [XXX], Municipality of Victoria, Province of Oriental Mindoro, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, motivated by lust, lewd and unchaste desire and by means of force, violence, threats and intimidation and even taking advantage of his moral authority and influence over the private complainant [AAA], his legitimate daughter and who was then fourteen (14) years old, did then and there willfully, unlawfully and feloniously have carnal knowledge of her against her will and without her consent, thereby violating her person and chastity, acts of sexual abuse which debase, degrade and demean the intrinsic worth and dignity of said AAA as a child and as a human being, to her damage and prejudice.
In the commission of the offense, the qualifying circumstances of relationship is attendant, the accused being the father of the complainant and the complainant being then under eighteen (18) years [of] age.
Contrary to Law.[5]
[Criminal Case No. CR-08-9207]
That in the evening of June 21, 2008, at Sitio [XXX], Barangay [XXX], Municipality of Victoria, Province of Oriental Mindoro, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, motivated by lust and lewd desire, and with intent to have carnal knowledge of one [AAA], a fourteen (14) year-old-girl, and with the use of force and intimidation, did then and there willfully, unlawfully and feloniously remove her clothes against her will and without her consent, thus commencing the commission of the crime of rape directly by overt acts but did not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance, that is the strong resistance put up by the complainant, [to] the damage and prejudice of said [AAA].
In the commission of the offense, the qualifying circumstances of relationship is attendant, the accused being the father of the complainant and the complainant being then under eighteen (18) years of age.
Contrary to Law.[6]
ACCORDINGLY, in view of the foregoing, judgment is hereby rendered as follows:The RTC ruled that the prosecution was able to prove that appellant raped his own daughter AAA sometime in March 2007, June 2007 and October 2007. The RTC noted that AAA categorically testified as to the commission of the rapes and that AAA positively identified appellant as the perpetrator. The medico-legal report stating that AAA has healed hymenal lacerations also confirmed AAA's testimony, said the RTC. The RTC also noted that at the time she was raped, AAA was only 14 years old as she was born on December 17, 1993 per her birth certificate. Aside from appellant's admission that AAA is his daughter, the same certificate also proved the qualifying circumstance of relationship between appellant and AAA. The RTC rejected appellant's denial on the ground that it cannot prevail over AAA's positive testimony. On the charge of attempted rape, the RTC found appellant guilty of acts of lasciviousness. The RTC noted that while appellant was able to undress AAA and tried to sexually assault her, there is no showing that appellant's penis touched any part of AAA's body.The aforementioned penalties shall be served by the accused SUCCESSIVELY.
- In Criminal Case No. CR-08-9204, this Court finds the accused OBALDO BANDRIL y TABLING GUILTY beyond reasonable doubt as principal of the crime charged against him in the aforequoted Information, and hereby sentences him to suffer the penalty of RECLUSION PERPETUA, WITHOUT ELIGIBILITY FOR PAROLE, and to PAY the private complainant the amount of P75,000.00 as civil indemnity, P75,000.00 as moral damages, P25,000.00 as exemplary damages, and to pay the costs;
- In Criminal Case No. C-08-9205, this Court finds the accused OBALDO BANDRIL y TABLING GUILTY beyond reasonable doubt as principal of the crime charged against him in the aforequoted Information, and hereby sentences him to suffer the penalty of RECLUSION PERPETUA, WITHOUT ELIGIBILITY FOR PAROLE, and to PAY the private complainant the amount of P75,000.00 as civil indemnity, P75,000.00 as moral damages, P25,000.00 as exemplary damages, and to pay the costs;
- In Criminal Case No. C-08-9206, this Court finds the accused OBALDO BANDRIL y TABLING GUILTY beyond reasonable doubt as principal of the crime charged against him in the aforequoted Information, and hereby sentences him to suffer the penalty of RECLUSION PERPETUA, WITHOUT ELIGIBILITY FOR PAROLE, and to PAY the private complainant the amount of P75,000.00 as civil indemnity, P75,000.00 as moral damages, P25,000.00 as exemplary damages, and to pay the costs;
- In Criminal Case No. C-08-9207, this Court finds the accused OBALDO BANDRIL y TABLING GUILTY beyond reasonable doubt as principal of the crime of ACTS OF LASCIVIOUSNESS, defined and penalized under Article 336 of the RPC, and hereby sentences him to suffer the indeterminate penalty of imprisonment ranging from SIX (6) MONTHS OF ARRESTO MAYOR, AS MINIMUM, to SIX (6) YEARS OF PRISION CORRECCIONAL, AS MAXIMUM and to PAY the private complainant the amount of P20,000.00 as civil indemnity, P30,000.00 as moral damages, P30,000.00 as exemplary damages, and to pay the costs;
SO ORDERED.[8]
WHEREFORE, the appeal is DISMISSED. The December 6, 2011 Joint Decision x x x of the Regional Trial Court of Oriental Mindoro, Branch 39 in Criminal Case Nos. x x x CR-08-9204, CR-08-9205, CR-08[-]9206 and 08-9207 are AFFIRMED with modifications in that the amount of exemplary damages awarded to "AAA" in Criminal Case Nos. CR-08-9204, CR-08-9205, CR-08[-]9206 is increased to P30,000.00 for each case, and interest at the rate of six percent (6%) per annum is imposed on all the damages awarded from the date of finality of this judgment until fully paid.The CA found that AAA was telling the truth when she declared that her father raped her on three separate occasions. The CA said that AAA was consistent in her narration on how she was abused by her father in their own house, in the coconut plantation and in the lanzones plantation. The CA also agreed with the RTC's finding that appellant is guilty of acts of lasciviousness when he removed her clothes and tried to sexually assault her a fourth time. Appellant's acts clearly showed lewdness and are indecent and inappropriate, said the CA.
SO ORDERED.[9]
The CA also found that AAA was telling the truth when she declared that her father raped her on three separate occasions. The rule is that the determination by the trial court of the credibility of witnesses, when affirmed by the appellate court, as in this case, is accorded full weight and credit as well as great respect, if not conclusive effect.[13] And after our own examination of AAA's testimony, we find no reason to disagree with the RTC and CA in finding AAA as a credible witness.
[Q]: So you remember when was the first time? A: In March 2007, Ma 'am. xxx Q: When your father went on top of you was he nude? A: Yes, Ma'am. Q: So when he went on top of you, what did he do next? A: He already raped me, Ma 'am. Q: When you say he raped [you], what exactly did he do to you, Madam Witness? A: "Inaano niya ako sa ari ko." Q: Are you telling us that your father inserted his penis to your vagina? x x x x x x x x x A: Yes Ma'am. Q: So how long was your father's penis in your vagina, if you could tell us? A: Quite a long time, Ma 'am x x x.[10] [Second rape] [Q]: xxx So when did the second rape incident happened? A: In the month of June 2007 Ma 'am. Q: So tell us what happened on that second time? A: Same thing happened Ma 'am. x x x x x x x x x Q: So tell us exactly what was that same incident that happened? A: He also took off my clothes Ma 'am. Q: After taking off your clothes, what did he do next? A: He inserted his penis. Q: On what part of your body did he insert his penis? A: Into my vagina. Q: And for this second time, how long was he in that position? A: Quite long, Ma 'am xxx.[11] [Third rape] [Q]: x x x What date was that third incident? A: October 2007 Ma'am. x x x x x x x x x Q: After you were made to lie down, what did your father exactly do? A: He took off my clothes. Q: And after taking off your clothes, what happened next? A: He also took off his clothes. Q: So after he took off his clothes, what did he do next? A: He went on top of me again. Q: So after he went on top of you, what did he actually do? A: He already inserted his penis into my vagina, Ma 'am xxx.[12]