SECOND DIVISION
[ G.R. No. 218574, November 22, 2017 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. RAUL
MACAPAGAL Y MANALO, ACCUSED-APPELLANT. D E C I S I O
N
PERALTA, J.:
This is an appeal from the Decision[1] dated August 8, 2014 of the Court of Appeals
in CA-G.R. CR-H.C. No. 05495 which affirmed with modification the Decision[2]
dated July 19, 2011 of the Regional Trial Court (RTC) of Naga City, Branch 20,
finding appellant Raul Macapagal y Manalo guilty beyond reasonable doubt of two
(2) counts of rape through sexual intercourse, and one (1) count of rape through
sexual assault.
In three (3) separate Informations, appellant Raul Macapagal y Manalo was charged
with three (3) counts of violation of Article 266-A and Article 266-B of the Revised
Penal Code,[3] (RPC) in relation to Republic Act (R.A.) No. 7610,[4] the accusatory
portions of which read:
In Criminal Case No. RTC-2003-0294:
That on or about a week after April 13, 1998 at about 10:00 o'clock in the evening
and for several similar occasions thereafter in the Municipality of Camaligan,
Province of Camarines Sur, Philippines and within the jurisdiction of the Honorable
Court, the said accused, with grave abuse of confidence being the father of the
private offended party, by means of force and intimidation did, then and there, with
lewd designs, willfully, unlawfully and feloniously succeed in inserting his finger
inside the vagina of "BBB,"[5] his 11-year-old daughter who is a minor, against her
will and without her consent to her damage and prejudice in such amount as may
be awarded by the Honorable Court.
ACTS CONTRARY TO LAW.
In Criminal Case No. RTC-2003-0295:
That sometime during summer vacation in the year 1999 at about 2:00 o'clock in
the afternoon and for several occasions thereafter in the Municipality of Camaligan,