Nuyte. She was then only 14 years old and he was 29. Nuyte recalls that in the
letter, ["AAA"] was begging him not to leave as she was about to receive the
sacrament of confirmation. Their sexual relations bore a child, but it was aborted
when ["AAA"] was undergoing Citizens Army Training.[13]
Ruling of the Regional Trial Court
On December 9, 2011, the RTC found appellant guilty as charged, ruling in this
wise:
ALL THE FOREGOING CONSIDERED, this Court entertains no doubt that the
prosecution had established that the accused raped the private complainant under
the circumstances mentioned in Article 266-A paragraph 1 (a) of the Revised Penal
Code and that he violated Sec. 5(b) of Republic Act 7610. Accordingly, accused
NELSON NUYTE is hereby found GUILTY beyond reasonable doubt in Criminal Case
No. FC-00-780 and sentenced to suffer the penalty of reclusion perpetua. He is
likewise found GUILTY of five (5) counts of violation of Section 5(b) of Republic Act
No, 7610 and likewise meted the penalty of imprisonment ranging from 8 years and
1 day of prision mayor in its medium period as minimum to 17 years, 4 months and
1 day of reclusion temporal in its maximum period as maximum, subject to the
provision of Article 70 of the Revised Penal Code.
Consistent with relevant jurisprudence, Nelson Nuyte is likewise ordered to
indemnify the private offended party, ["AAA"], the sum of Php75,000.00 for each
case as civil indemnity; Php75,000.00 as moral damages and Php30,000.00 as
exemplary damages.
SO ORDERED.[14]
The trial court found conclusive evidence that on April 10, 2004, "AAA" was raped
at knifepoint with the use of force and intimidation against her will. Thus, it
convicted appellant of rape in Crim. Case No. FC-00-780. In addition, the court took
into consideration appellant's admission of having sexual intercourse with "AAA"
several times. Thus, it deemed "AAA" as a child exploited and subjected to sexual
abuse under Section 5(b) of RA 7610 and convicted appellant of five counts of
violation of Section 5(b) of RA 7610.
Insisting on his innocence by invoking love affair as his defense, appellant elevated
the judgment of conviction to the CA via a Notice of Appeal.
Ruling of the Court of Appeals