FIRST DIVISION
[ G.R. No. 230624, June 06, 2019 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V.
RONALDO DE VERA Y HOLDEM, ACCUSED-APPELLANT.
DECISION
DEL CASTILLO, J.:
On appeal is the September 13, 2016 Decision[1] of the Court of Appeals (CA) in
CA-G.R. CR HC No. 07301, which affirmed with modification the November 26,
2014 Decision[2] of the Regional Trial Court (RTC), Branch 65, Sorsogon City, in
Criminal Case Nos. 09-1118, 09-1119, and 09-1121, convicting Ronaldo de Vera y
Holdem (accused-appellant) of qualified rape and two counts of acts of
lasciviousness.
Antecedent Facts
Three separate Informations were filed against the accused-appellant charging him
with acts of lasciviousness and two counts of qualified rape, in relation to Republic
Act (RA) No. 7610.[3] The accusatory portions of the Informations read, as follows:
Criminal Case No. 09-1118 That on or about 11:00 x x x in the evening of
November 3, 2009 at x x x, Province of Sorsogon, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused, with lewd designs,
by means of force and intimidation, and acting with discernment, did then and
there willfully, unlawfully and feloniously commit lascivious conduct on the person
of [AAA],[4] a 17-year old girl, a minor, by touching her breasts, against her will and
without her consent, which act likewise constitute [s] child abuse as it debases,
degrades and demeans the dignity of the victim as a child causing emotional and
psychological trauma, to her damage and prejudice.
The following aggravating circumstances are present: relationship and minority.
The victim being the daughter of the accused and x x x only 17 years old at the
time of the incident.
CONTRARY TO LAW.[5]