THIRD DIVISION
[ G.R. No. 234825, September 05, 2018 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. YYY, ACCUSEDAPPELLANT.
DECISION
GESMUNDO, J.:
On appeal is the Decision[1] dated July 31, 2017, of the Court of Appeals (CA) in CA-G.R. CR HC No. 07664. The CA
affirmed with modification the Decision[2] dated April 22, 2014, of the Regional Trial Court of Tuguegarao City,
Cagayan, Branch 4 (RTC) in Criminal Case Nos. 10648 and 10649, finding YYY[3] (appellant) guilty of Rape and
Qualified Rape, respectively.
The Antecedents
In two (2) informations, both dated February 8, 2005, YYY was charged with two (2) counts of rape. The accusatory
portion of the informations read:
Criminal Case No. 10648
That on or about March, 1993 and subsequent thereto, in the Municipality of [XXX],[4] Province of Cagayan and
within the jurisdiction of this Honorable Court, the said accused [YYY], father of the complainant, [AAA] [5] a minor 15
years of age, thus have [sic] moral ascendancy over the aforesaid complainant, armed with soft broom, with lewd
design and by use of force, threat and intimidation enter inside the room of the complainant, and once inside hit and
struck complainant with the wooden handle of the soft broom which caused her to be unconscious and did, then and
there, willfully, unlawfully, and feloniously have sexual intercourse with his own daughter, the herein complainant,
[AAA]. a minor, 15 years of age. against her will.
Contrary to law.[6]
Criminal Case No. 10649
That on or about November 14, 2001, and sometime prior thereto, in the Municipality of [XXX], Province of Cagayan
and within the jurisdiction of this Honorable Court, the said accused [YYY], the father of the offended party, [AAA],
thus have [sic] moral ascendancy over the complainant, with lewd design and by use of force, threat and intimidation.
did, then and there, willfully, unlawfully, and feloniously have sexual intercourse with his own daughter, the herein
complainant, [AAA], against her will.
Contrary to law.[7]
During his arraignment, YYY pleaded "not guilty" and, thereafter, the cases were consolidated and jointly tried.
Evidence of the Prosecution
The prosecution presented private complainant AAA, her elder sister BBB, and Dr. Mila F. Lingan-Simangan (Dr.
Lingan-Simangan). Their combined testimonies tended to establish the following:
AAA was the daughter of YYY. At the time of the first incident, she was fifteen (15) years old. AAA resided in XXX,
Cagayan with her parents and seven (7) other siblings. Sometime in March 1993, YYY hit her head with a broom and
she lost consciousness. When she regained consciousness, she felt pain in her body, particularly her hands and
vagina. AAA saw YYY seated in the veranda.
With regard to the second incident, this allegedly happened on November 14, 2001 at nighttime while AAA was
sleeping. She claimed that when she woke up the next morning, she was naked and that YYY was seated at the
veranda. AAA felt pain in her vagina. In both instances YYY allegedly threatened to kill AAA, her mother, and her
siblings if she would report the incidents.
Dr. Lingan-Samangan testified that she was the Municipal Health Officer of Cagayan and that in 2004, she examined
AAA who was already twenty-five (25) years old. No physical injuries were noted during the physical examination.
Upon internal examination of the genital, she discovered healed hymenal lacerations at the 4 and 7 o'clock positions,
which could mean that the sexual abuse happened at least a month or two months before the examination, or even
more than two or ten years before. The tip of her finger was admitted to AAA's vagina, and there was laxity in the