810 Phil. 275
TIJAM, J.:
Criminal Case No. CC-2006-1609
That sometime in 2004 at Barangay XXX[3], Province of Samar, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and lustful intent and exercising moral ascendancy and influence over the victim, his daughter, did then and there, willfully, unlawfully and feloniously had carnal knowledge with one AAA[4], a 12 year old minor, without her consent and against her will.Criminal Case No. CC-2006-1610
That on or the 18th day of December 2005, at about 2:00 o'clock in the afternoon, more or less, at Barangay YYY, Province of Samar, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and lustful intent and exercising moral ascendancy and influence over the victim, his daughter, did then and there, willfully, unlawfully and feloniously had carnal knowledge with one AAA, a 13 year old minor, without her consent and against her will.Criminal Case No. CC-2006-1611
That sometime in 1999 at Barangay XXX, Province of Samar, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and lustful intent and exercising moral ascendancy and influence over the victim, his daughter, did then and there, willfully, unlawfully and feloniously had carnal knowledge with one AAA, then 7 year old minor, without her consent and against her will.Criminal Case No. CC-2006-1612
That sometime in 2000 at Barangay XXX, Province of Samar, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and lustful intent and exercising moral ascendancy and influence over the victim, his daughter, did then and there, willfully, unlawfully and feloniously had carnal knowledge with one AAA, then 8 year old minor, without her consent and against her will.[5]
The Version of the Prosecution
Private complainant AAA was born on February 28, 1993 to parents BBB and herein appellant Wilfredo Pacayra.
When AAA was in the first grade and was about seven (7) years old, BBB gave birth to a child named CCC. The family was then living in Bagacay, Hinabangan; Samar. Appellant told AAA to stop going to school so that she can attend to her household chores including taking care of CCC. AAA' siblings (sic) still went to school so that she was often left alone at home taking care of CCC.
One day, AAA was about to change CCC's clothes when appellant suddenly arrived at home, took her hand, placed himself on top of her, and used his weight to immobilize her. BBB called her downstairs and asked her what she and her father were doing upstairs. AAA replied that she was merely changing CCC's diaper and that her father was not doing anything. Appellant then took off AAA's shorts and panties. While on top of her, he also took off his pants, took out his penis and inserted it into her vagina. AAA felt immense pain and kept crying during the entire ordeal. AAA did not tell her mother about appellant's bestial acts for fear that they would quarrel.
The following day, AAA left their house and went to her friend's house. She did not go home until around five o'clock in the afternoon. When she arrived, appellant scolded her and asked her where she went and why she was roaming around when she had to take care of her sibling. Appellant took out a broom and hit her. BBB was not at home at the time since she was out gambling.
Appellant raped AAA a second time less than a year after the first incident and while they were still living in XXX, Samar.
Thereafter, due to the financial difficulties they were facing, appellant decided to bring his family to his mother's house in YYY, Samar.
One evening, while in Calbiga, BBB went out to see a benefit dance. Appellant asked for BBB's whereabouts and upon learning that she was at a benefit dance, ordered AAA to fetch her. When BBB arrived at the house, she and appellant quarrelled after which she went back to the dance and left appellant alone at the house with their children – AAA, DDD and CCC. Once DDD and CCC fell asleep, appellant removed AAA's shorts and panties. Appellant's actions awakened DDD and CCC but he simply kicked DDD and pushed CCC away. Appellant then placed himself on top of AAA and inserted his penis into her vagina. AAA could not bear the pain but he was unable to do anything but cry. AAA did not tell her grandmother about the incident because she was afraid that the latter would quarrel with appellant.
Thereafter, appellant and his family moved to appellant's brother's house which was also in YYY, Samar. At one point during their stay there, appellant was left alone at the house with AAA, DDD and CCC because BBB went to XXX, Samar to attend the town fiesta. Appellant and his three children slept in the same room. That night, appellant told AAA to sleep beside him because it was cold. As AAA was about to go to sleep, appellant suddenly placed himself on top of her, removed her short pants, and inserted his penis into her vagina. Appellant held AAA and used his weight to render her immobile. Afraid that her parents would fight because of her, AAA did not tell her mother about her father's most recent dastardly deeds but she did relate the incidents to her older sister, EEE. However, the latter did not do anything to help her.
AAA eventually told her mother BBB, about the sexual abuse that she suffered at the hands of appellant. However, BBB refused to believe her. She got angry, scolded AAA, and accused her of lying. BBB turned her back on her child and chose to side with appellant.
Sometime in January 2006, AAA went to Gloria Tacad, their neighbor in XXX, Samar, to ask for help. AAA told Tacad that she was being sexually molested by her father. Tacad asked her why she did not immediately report the abuse and AAA replied that it was because she was afraid that appellant would kill her. Tacad brought AAA to the Barangay Captain of XXX, Samar to file a complaint. Afterwards, Tacad took AAA to the office of the Department of Social Welfare and Development (DSWD) in Hinabangan, Samar.
On February 7, 2006, AAA was brought to the Eastern Visayas Regional Center in Tacloban City where she was examined. The medical examination revealed that AAA had incomplete, old hymenal lacerations at 3 and 9 o'clock positions. The attending physician prepared a Medico-Legal Report which states that the physical injuries found on AAA's body were compatible with the alleged date of infliction, i.e., within the last five years.The Version of the Defense
On the other hand, the appellant interposed the defense of denial.
The defense presented Wilfredo Pacayra (appellant) and Evangelina Alcoy dela Cruz to establish appellant's denial.
Appellant testified that AAA is his daughter and is the fourth child out of his six children. He denied all the charges of rape against him and asserted that it was all made-up by AAA. He claimed that BBB, his wife, directed AAA to file these fabricated cases against him to prevent him from filing a case against BBB who abandoned him. He alleged that BBB left him for another man in 2002. He also insisted that Gloria Tacad lied when she testified that she assisted AAA because Gloria Tacad does not even let her own nephew and niece to come to her house how much more AAA.
Evangelina Alcoy dela Cruz testified that she knew the appellant's family being neighbors in Barangay XXX, Hinabangan, Samar for thirty years. She claimed that she was present when the appellant was arrested by the police authorities who were accompanied by AAA and Mrs. Tacad. During cross examination she testified that she was requested by appellant's wife, BBB, to testify for her husband in his defense.
WHEREFORE, premises considered, the Court finds accused WILFREDO PACAYRA Y MABUTOL GUILTY beyond reasonable doubt of four (4) counts of Rape defined and penalized under Article 266-A in relation to Article 266-B of the Revised Penal Code.
Accordingly, he is sentenced to suffer the penalty of reclusion perpetua for each count.
Accused is likewise ordered to indemnify AAA the following:
a. P75,000.00 as civil indemnity for each count or a total of P300,000.00;
b. P50,000.00 as moral damages for each count or a total of P200,000.00; and
c. P25,000.00 as exemplary damages for each count or a total of P100,000.00.
SO ORDERED.[7]
WHEREFORE, the appeal is DENIED. The Decision dated August 24, 2012 of the Regional Trial Court, Branch 33, Calbiga, Samar in Crim. Case Nos. CC-2006-1609, CC-2006-1610, CC-2006-1611, and CC-2006-1612 is hereby AFFIRMED, finding accused-appellant WILFREDO PACAYRA Y MABUTOL, GUILTY beyond reasonable doubt of four (4) counts of rape under Article 266-A in relation to Article 266-B of the Revised Penal Code, with MODIFICATIONS in that:
a. In Criminal Case No. CC-2006-1609, WILFREDO PACAYRA Y MABUTOL is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole and ordered to pay AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, P30,000.00 as exemplary damages.
b. In Criminal Case No. CC-2006-1610, WILFREDO PACAYRA Y MABUTOL is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole and ordered to pay AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, P30,000.00 as exemplary damages.
c. In Criminal Case No. CC-2006-1611, WILFREDO PACAYRA Y MABUTOL is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole and ordered to pay AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, P30,000.00 as exemplary damages.
d. In Criminal Case No. CC-2006-1612, WILFREDO PACAYRA Y MABUTOL is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole and ordered to pay AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, P30,000.00 as exemplary damages.
He is further ordered to pay the victims interest on all damages awarded at the legal rate of six percent (6%) per annum from the date of finality of this judgment until fully paid.
SO ORDERED.[8]
THE TRIAL COURT ERRED IN CONVICTING ACCUSED-APPELLANT OF RAPE DESPITE THE FACT THAT HIS GUILT WAS NOT PROVEN BEYOND REASONABLE DOUBT.[9]
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:a) Through force, threat or intimidation;
b) When the offended party is deprived of reason or is otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority;
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.xxx xxx
ART. 266-R Penalties. – Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetuaxxx xxx
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
Prosecutor Carmelita M. Naval:
Q: In your personal circumstances, you also mentioned that you are AAA, meaning your surname is AAA. Do you know a certain Wilfredo Pacayra?
A. Yes, ma'am.
Q. How are you related to Wilfredo Pacayra?
A: He is my father, ma'am.xxx xxx xxx
Q. Where is Wilfredo Pacayra now?
A: He is here, ma'am.
Q. Do you know why he is here in Court?
A: Yes, ma'am.
Q. Can you tell in your own understanding, why he is here in Court?
A:Because he has a case against me, ma'am.
Q. Do you mean to say that you filed a case against your father?
A:Yes, ma'am.
Q. Why? What did your father dio (sic) to you?
A: He raped me, ma'am (the witness is teary-eyed while answering)
Q. Can you tell the Honorable Court how many times did he, according to you, raped (sic) you?
A: Four (4) times, ma'am.
Q. Can you tell when was the first time and if you can remember, how old were you then?
A: I was 7 years old when he first raped me, ma'am.
xxx xxx xxx
Q. Can you narrate exactly what did your father do to you when you were 7 years old, in your house at XXX, Samar?
xxx xxx xxx
A: The first time when my father did the rape, it was when I was 7 years old at that time in our house in XXX. That time, my mother was pregnant with their last child by the name of CCC. That time, I was about to go to school and my father does not belief (sic) me that I am really attending school. Since my mother was pregnant, he told me to stop schooling so that I can attend to my work at home. When my mother gave birth, that was the time when I took carte (sic) of my younger brother, because that was my usual chore in the house because two (2) of my sisters were going to school, and it was only me and my father who were left in the house. One time, as I was about to change the clothes of my younger brother, my father arrived and took my hand and immediately, he placed himself on top of me, and while he was on top of me, my mother downstairs called me but I did not heed her call, but on the fourth time, I answered her and she said: "What are you doing upstairs?" and I said: "I am changing the diaper", and my mother asked: "what is your father doing there"?, and I aswered: "He is doing nothing, he is just here".
Q. Can you more or less illustrate or tell exactly, what your father did to you since you said "my father held my hand and he placed himself on top of me"?
A: That time when my father was on top of me, he took off my short and my panty, and while he was on top of me, he also took his pants and took out his penis and inserted it to my vagina, since I felt pain, I kept on crying, ma'am.
xxx xxx xxx
Q. After that, since according to you, you were abused by your father for many times, when was the second time?
A: After that, my father once said to my mother that we go to Calbiga, because that time, our situation was hard, so my father decided to (sic) Calbiga, because he wanted to visit our Lola FFF, the mother of my father. And at that time when we arrived to Calbiga, in the house were my Lola FFF, Uncle GGG, Lola HHH and Auntie III. That time also, my father engaged himself in copra-making in Brgy. YYY, Samar and that time when my Uncle and Auntie were no longer in the house of my Lola FFF, the following day when they left, my father abused me again, ma'am.
Q. What did your father do exactly to you in the house of your Lola FFF?
A: That time when my Auntie and Uncle went back to XXX, in that evening, we were left in the house, me, my father, my brother DDD and my sister BBB. My mother went to see a benefit dance, then my father asked where my mother was, and I said that she went out to see a benefit dance, then my father told me to fetch my mother, and when my mother went back again to the dance. After that, we were left in the house with my father and my brothers and sister, then my father took off my short and my panty and again my father abused me, that time, my brother was awakened and my father kicked DDD, and since my other younger brother was also awakened, he was also pushed away by my father, ma'am.
Q. And after that, what else did you (sic) father do to you?
A: That time when I was abused again by my father and when he placed himself on top of me and placed his penis inside my vagina, because I cannot bear the pain, I just kept on crying, ma'am.
xxx xxx xxx
Q. Since according to you, you and your family stayed in Brgy. YYY for about four (4) years, after that, where did you and your family go to?
A: We transferred to another house which belongs to the house of the borther (sic) of my father, JJJ, and we stayed there, ma'am.
xxx xxx xxx
Q. And that, your father did not do anything against you anymore when you transferred?
A: I was still raped, ma'am.
Q. How many times?
A: Once, ma'am.
Q. Can you recall the time when your father raped you in the house of JJJ, also in YYY?
A: During that time, we were only three (3) in the house including my father, and we were sleeping in the same room, and my father asked me if I could sleep beside him, and I said why will I sleep beside you, and my father aswered that I (sic) will sleep beside you (sic) because it is cold. And then, because I was using a blanket, which is my own blanket, my father then was behind it and when I was about to sleep, he removed my short pants and then inserted his penis into my vagina, ma'am.
THE COURT:
Q. What you (sic) his position in relation to you when he did that?
A: He was on top of me, your Honor.
Q. Was e(sic) facing you or facing towards the ceiling?
A: He was facing me, your Honor.
xxx xxx xxx
THE COURT:
Q. Why were you not able to do anything?
A: I did not do anything because anyway, I have already taken care of my brothers, your Honor?
Q. You did not wake up your brothers when your father allegedly inserted his penis?
A: I was not able to wake up my brothers because my father was holding my hand at that time, your Honor.
Q. So what if your father was holding your hands?
A: He was heavy and I could no longer move, you Honor.[16]