during the examination, which could have been the result of a previous penetration.
He issued a Medical Report dated November 7, 2009 which he duly identified in
open court.[22]
Version of the Defense
The accused-appellant testified that AAA was the second of his six children. He lived
with all six children in their house with their mother, BBB. His three sons occupied
one bedroom and his three daughters occupied another bedroom, while he and BBB
slept on a mat near the kitchen. He denied having committed any lascivious
conduct on AAA on November 3, 2009 or having raped her on November 4 and 5,
2009. He claimed that AAA filed these cases against him because he tried to
discipline her as she was in the habit of going out at night.[23]
Ruling of the Regional Trial Court
The RTC upheld AAA's candid, vivid, and straightforward account of her ordeal at
the hands of the accused-appellant, especially so because it was sufficiently
corroborated by the medical findings of Dr. Apin.[24] The RTC ruled that the
accused-appellant's defense of denial could not prevail over the positive testimony
of the victim-daughter, who moreover clearly identified him as her molester. The
RTC noted that the accused-appellant failed to present any strong evidence of
innocence, which made his denial purely self-serving.[25]
However, in Criminal Case No. 09-1121, the RTC found the accused-appellant liable
only for acts of lasciviousness because the prosecution failed to prove that there
was any penetration of AAA's vagina on the night of November 5, 2009, whether by
his penis, finger, or any other object.[26] The RTC ruled that the prosecution merely
succeeded in establishing that the accused-appellant had touched AAA's vagina
before CCC woke up and saw him undressing AAA.[27] The RTC also appreciated
against accused-appellant the attendant circumstances of relationship and minority
because these had been sufficiently alleged in the information and proven during
the trial.[28]
Thus, on November 26, 2014, the RTC rendered its Decision,[29] the decretal portion
of which reads:
WHEREFORE, in view of the foregoing, accused RONALDO DE VERA y HOLDEM
having been found GUILTY BEYOND REASONABLE DOUBT OF QUALIFIED RAPE IN
RELATION TO RA. 7610 in Criminal Case No. 09-1119 and ACTS OF
LASCIVIOUSNESS in Criminal Case Nos. 09-1118 and 09-1121, he is sentenced to
suffer -