Aggrieved by the RTC judgment, appellant, through the Public Attorney's Office,
filed an appeal. Appellant argued that while the last rape incident as testified to by
BBB happened on March 30, 2003, the hymenal lacerations diagnosed by MedicoLegal Officer Dr. Jane Fajardo on April 3, 2003 are old and healed lacerations which
were inflicted more than a month or a year before. Faulting BBB's credibility,
appellant contended that not only did she tell anyone about the rape incident, she
also tolerated similar incidences for the past five (5) years from April 1998 to April
3, 2004, which is rather odd because there were times when she was only with her
mother at the clinic. Assuming that she was raped by her father, appellant claimed
that BBB could have found solace in a safe house or in government institutions
rendering social services for rape victims.
The Office of the Solicitor General insisted that appellant's guilt for the crimes
charged had been proven beyond reasonable doubt by the prosecution's testimonial
and documentary evidence.
On August 8, 2014, the CA rendered a Decision affirming the RTC judgment with
modification on the damages awarded:
WHEREFORE, in view of the foregoing, the Decision dated July 19, 2011 of the
Regional Trial Court of Naga City, Branch 20, is hereby AFFIRMED with
MODIFICATION, to read as follows:
1. In Criminal Case No. RTC-2003-0294, appellant Raul Macapagal is hereby held
GUILTY beyond reasonable doubt of the crime of Rape Through Sexual Assault and
he is hereby sentenced to suffer the Indeterminate penalty of imprisonment of Ten
(10) years and one (1) day of prision mayor, as minimum, to seventeen (17) years,
four (4) months and one (1) day of reclusion temporal, as maximum, and to
indemnify the offended party civil indemnity of Thirty Thousand Pesos
(P30,000.00), moral damages of Thirty Thousand Pesos (P30,000.00) and
exemplary damages of Thirty Thousand Pesos (P30,000.00);
2. In Criminal Case No. RTC Nos. 2003-0295 and 2003-0296, appellant Raul
Macapagal is hereby held GUILTY beyond reasonable doubt of two (2) counts of
Rape Through Sexual Intercourse and that, for each count, he is hereby sentenced
to suffer the penalty of reclusion perpetua without eligibility for parole, and ordered
to pay the private offended party civil indemnity in the amount of Seventy-Five
Thousand Pesos (P75,000.00), moral damages also in the amount of Seventy-Five
Thousand Pesos (P75,000.00), and exemplary damages in the amount of Thirty
Thousand Pesos (P30,000.00);