Decision
G.R. No. 235662
4
BBB added that appellant would usually move from his room into theirs
while they were asleep. Appellant would usually lie beside them and touch
her and AAA's private parts. Eventually, he would have carnal knowledge of
her even though AAA and CCC were in the same room. She knew that
appellant also raped AAA. Appellant would wake her up by holding her hands
while raping AAA. They could not do anything because they were so scared
of appellant. 12
The prosecution and the defense stipulated that AAA and BBB are
appellant's legitimate children. 13
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The Defense's Evidence
Appellant denied the charges. He claimed he was at work during those
times when he allegedly raped and sexually molested his daughters. His
daughters were very mad at him because he had another woman. His wife was
also mad at him so she asked their daughters to concoct the charges against
him. 14
The Trial Court's Ruling
By Decision 15 dated June 21, 2016, the trial court found appellant guilty
of two (2) counts of rape and one (I) count of lascivious conduct. The trial
court gave full faith and credence to the respective testimonies of AAA and
BBB on how each of them was sexually ravished by their own father. BBB
was also credited for giving credible and positive testimony on how appellant
performed lascivious conduct on her sometime in 2009. In light of the positive
and categorical testimonies of these children, the trial court rejected
appellant's unsubstantiated defense of alibi. The trial court decreed:
WHEREFORE, in view of all the foregoing and the prosecution
having established to a moral certainty the guilt of the accused XXX, the
Court hereby finds said accused GUILTY beyond reasonable doubt as
principal, for two (2) counts of Rape under Article 266-A of the Revised
Penal Code and for Lascivious Conduct under Section 5 (b) of Republic Act
No. 7610 otherwise known as the "Special Protection of Children against
Abuse, Exploitation, and Discrimination Act" and hereby sentences him as
follows:
1.
In Criminal Case No. 08-0581-2013 to
suffer the penalty of Reclusion Perpetua without eligibility
of parole and to pay the minor victim AAA the sum of
Seventy Five Thousand Pesos (Php 75,000.00) as civil
indemnity, Seventy Five Thousand Pesos (Php 75,000.00) as
12
Id. at 49-50.
Id. at 50.
14 Id.
15
Id at 46-56.
13
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