3. Appellant Raul Macapagal is further ordered to pay the private offended party
interest on all damages awarded at the legal rate of Six Percent (6%) per annum
until the same are fully paid.
SO ORDERED.[10]
The CA agreed with the RTC that BBB's testimony is credible, as she was firm and
unwavering in her narration of her traumatic experience during the rape incidents
perpetrated by her own father. The CA also ruled that the medical report and the
testimony of the medico-legal officer on BBB's deep and healed hymenal lacerations
are consistent with BBB's allegations of rape against appellant. The CA observed
that prior to the last rape incident, BBB had been victimized by appellant to
countless sexual abuses which started in 1998, which explains the healed
lacerations in BBB's genitals. The CA noted that BBB initially preferred to conceal
her dishonor because the culprit was her own flesh and blood, who even threatened
her life should she report the rape incidents to anyone. With respect to the
inconsistencies pointed out by appellant, the CA ruled that they even tend to
bolster her credibility as they are proofs of an unrehearsed testimony. Anent the
claim that BBB could have avoided the rape incident by finding solace in a safe
house or in a government institution, the CA stressed that BBB could hardly be
expected to know what to do under such circumstances as she was only 11 years
old when the first rape incident took place. The CA also ruled that it is unnatural for
grandparents to use their grandchild in a scheme of malice against her own father,
not to mention that it will subject the child to embarrassment and stigma.
Dissatisfied with the CA Decision, appellant filed a notice of appeal.
The appeal is devoid of merit.
After a careful review of the records, the Court finds no reason to reverse the RTC's
judgment of conviction, but a modification of the penalty imposed, the damages
awarded, and the nomenclature of the offense committed, are in order.
In Criminal Case No. RTC-2003-0294, appellant should be held liable for acts of
lasciviousness under Art. 336[11] of the RPC, in relation to Section(b), Art. III of R.A.
No. 7610[12] instead of rape through sexual assault under Art. 266-A, paragraph 2
of the RPC.[13]
In Dimakuta v. People,[14] the Court stressed that in instances where the
lascivious conduct is covered by the definition under R.A. No. 7610, where the
penalty is reclusion temporal medium, and the act is likewise covered by sexual
assault under Art. 266-A, paragraph 2 of the RPC, which is punishable by prision
mayor, the offender should be liable for violation of Section 5 (b), Art. III of R.A.