reasonable doubt of statutory rape under Article 266-A (1) (d) of the RPC and violation
of Section 5 (b) of R.A. No. 7610. It found that AAA was born on October 7, 1999, as
shown by in her birth certificate, and that she was eleven (11) years old when the two
separate sexual abuses occurred. The trial court held that the testimony of AAA was
clear, candid, straightforward, and convincing regarding the sexual abuses she suffered
at the hands of her uncle. The RTC also ruled that the medico-legal certificate
corroborated the testimony of AAA. The RTC disposed the case in this wise:
WHEREFORE, finding Dominador Udtohan y Jose guilty beyond reasonable doubt of
Statutory Rape and violation of Sec. 5(b) R.A. 7610, this court hereby sentences him as
follows:
chanRoblesvirt ual Lawlib rary
In Crim. Case No. 146314 to suffer the penalty of Reclusion Perpetua and to pay AAA
Php75,000.00 as civil indemnity, Php75,000.00 as moral damages and Php30,000.00 as
exemplary damages; and
In Crim. Case No. 146315 to suffer the penalty of 12 years and 1 day of Reclusion
Temporal in its minimum period, as minimum, to 15 years and 6 months of Reclusion
Temporal in its medium period, as maximum; and to pay AAA Php50,000.00 as civil
indemnity, Php50,000.00 as moral damages and Php30,000.00 as exemplary damages.
SO ORDERED.5
Aggrieved, accused-appellant elevated an appeal to the CA. He argued that the
testimony of AAA was not credible because there were diverging statements regarding
the number of incidents of rape he allegedly committed.
The CA Ruling
In its assailed Decision, dated May 30, 2016, the CA denied the appeal. It held that the
testimony of AAA regarding the two sexual abuses was clear and convincing. The CA
underscored that AAA was able to describe each incident of rape and sexual abuse
committed by her uncle, accused-appellant. Also, it did not give weight to the selfserving denial of accused-appellant and his claim that AAA's mother, who was mad at
his brother, initiated the charges. The CA added that accused-appellant miserably failed
to establish the ill-will or motive of AAA or her mother. The fallo reads:
WHEREFORE, the appeal is DENIED. The Decision dated June 26, 2014 of the
Regional Trial Court of XXX City, Branch 69, is hereby AFFIRMED with
the MODIFICATION in that, interest at the legal rate of six percent (6%) per annum,
shall be imposed on the total monetary awards in the appealed decision until the same
are fully paid.
chanRoblesvirt ual Lawlib rary
SO ORDERED.6
Hence, this appeal.
ISSUES
I
THE TRIAL COURT GRAVELY ERRED IN GIVING CREDENCE TO THE PRIVATE
COMPLAINANT'S TESTIMONY.
II