KKK also wanted their property divided between them with three-fourths thereof going to her and one-fourth to the accused-appellant. However, the separation did not push through because the accused-appellant's parents intervened.74 Thereafter, KKK pursued legal separation from the accused-appellant by initiating Barangay Case No. 00588-99 before the Office of Lupong Tagapamayapa of Gusa, Cagayan de Oro City and thereafter obtaining a Certificate to File Action dated February 18, 1999.75 Ruling of the RTC In its Judgment76 dated April 1, 2002, the RTC sustained the version proffered by the prosecution by giving greater weight and credence to the spontaneous and straightforward testimonies of the prosecution's witnesses. The trial court also upheld as sincere and genuine the two daughters' testimonies, as it is not natural in our culture for daughters to testify against their own father for a crime such as rape if the same was not truly committed. The trial court rejected the version of the defense and found unbelievable the accused-appellant's accusations of extra-marital affairs and money squandering against KKK. The trial court shelved the accused-appellant's alibi for being premised on inconsistent testimonies and the contradicting declarations of the other defense witness, Equia, as to the accused-appellant's actual whereabouts on October 16, 1998. Accordingly, the RTC ruling disposed as follows: WHEREFORE, the Court hereby finds accused Edgar Jumawan "GUILTY" beyond reasonable doubt of the two (2) separate charges of rape and hereby sentences him to suffer the penalty of reclusion perpetua for each, to pay complainant [P]50,000.00 in each case as moral damages, indemnify complainant the sum of (P]75,000.00 in each case, [P]50,000.00 as exemplary damages and to pay the costs. SO ORDERED.77 Ruling of the CA In its Decision78 dated July 9, 2008, the CA affirmed in toto the RTC ruling. The CA held that Section 14, Rule 110 of the Rules of Criminal Procedure, sanctioned the amendment of the original informations. Further, the accused-appellant was not prejudiced by the amendment because he was re-arraigned with respect to the amended informations. The CA found that the prosecution, through the straightforward testimony of the victim herself and the corroborative declarations of MMM and OOO, was able to establish, beyond reasonable doubt, all the elements of rape under R.A. No. 8353. The accused-appellant had carnal knowledge of KKK by using force and intimidation. The CA also ruled that KKK's failure to submit herself to medical examination did not negate the commission of the crime because a medical certificate is not necessary to prove rape. The CA rejected the accused-appellant's argument that since he and KKK are husband and wife with mutual obligations of and right to sexual intercourse, there must be convincing physical evidence or manifestations of the alleged force and intimidation used upon KKK such as bruises. The CA explained that physical showing of external injures is not indispensable to prosecute and convict a person for rape; what is necessary is that the victim was forced to have sexual intercourse with the accused.

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