802 Phil. 756
THIRD DIVISION
[ G.R. No. 214470, December 07, 2016 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V.
JESUS MAYOLA Y PICAR, ACCUSED-APPELLANT.
DECISION
PERALTA, J.:
This is an appeal of the Decision[1] dated May 21, 2014 of the Court of Appeals (CA)
dismissing appellant Jesus Mayola y Picar's appeal and affirming the Decision[2]
dated September 11, 2009 of the Regional Trial Court (RTC), Branch 55, Alaminos
City, Pangasinan in Criminal Case No. 4758-A for the crime of qualified rape as
defined and penalized under Article 266-A (1) (a) in relation to Article 266-B (1) of
the Revised Penal Code (RPC), as amended by Republic Act (R.A.) No. 8353.
The facts follow.
Appellant is the father of AAA,[3] the private complainant. The appellant, AAA, and
her 3 siblings, CCC, DDD and EEE, lived in an 18-square-meter single room house
in Brgy. Telbang, Alaminos City, Pangasinan. Her mother was then working as a
househelper in Manila. According to AAA, appellant had sexual intercourse with her
every other day since 2001 when she was just 13 years old. Her mother knew what
the appellant did to her, but the former could not help her and the latter was afraid
to report the incident to the authorities. In the evening of December 30, 2004, AAA
and her brother CCC slept on a bamboo bed beside appellant while her sisters DDD
and EEE slept on the floor. Appellant went on top of her and inserted his penis into
her vagina when her siblings were already asleep. Appellant only stopped what he
was doing when CCC woke up. Appellant then went at the back of their house,
gathered the chairs, arranged them to form a makeshift bed, and called for her.
AAA cried as she heeded appellant's call. AAA eventually was fed up with
appellant's repeated violation of her chastity and told him not to do it again. AAA's
sister, BBB, FFF and her uncle GGG accompanied her in reporting the incident to
the Alaminos City Police Station where she was first investigated by the Chief of
Police and later on by a policewoman. On January 2, 2005, she went to the Western
Pangasinan District Hospital for medical examination. Based on medical findings,
AAA was found to have nonporous introitus, old hymenal laceration at five o'clock
and 7 o'clock positions. The vagina also admitted 2 fingers with slight difficulty and