SECOND DIVISION
[ G.R. No. 218575, October 04, 2017 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FRANCIS URSUA Y
BERNAL, ACCUSED-APPELLANT.
DECISION
PERALTA, J.:
This is an appeal from the July 17, 2014 Decision[1] of the Court of Appeals (CA) in CA-G.R. CR-HC No. 06105,
which affirmed with modification the November 22, 2012 Decision[2] of the Regional Trial Court (RTC) Branch 261,
Pasig City, convicting accused-appellant Francis Ursua y Bernal (Ursua) of qualified rape and acts of lasciviousness.
AAA was born on January 16, 1992[3] and is accused-appellant Ursua's biological daughter. Together with her father
and elder brother, BBB, she lived in a small house with one room, but without kitchen and living room (sola).
Around 12:00 midnight on January 17, 2006, Ursua, who was drunk, woke up AAA and instructed her to buy a
porridge (lugaw). After eating, he told her to turn off the light and close the door. As they were sleeping in one bed, he
undressed her, touched her vagina, and held her breast. He then removed his short pants and brief, moved on top of
her, pulled his penis, and inserted it into her vagina. He told her not to make any noise. Consequently, she merely
cried and did not shout, resist, or ask her father to stop. After the acts were done, they went to sleep.
Early dawn the next day, Ursua repeated the dastardly acts on AAA. He held her vagina and breast and inserted his
penis into her vagina. Again, she did not ask for any help. She did not shout because her father almost hit her
("muntik na po nya akong sapakin"). He told her not to make any noise; hence, she just cried. Later in the evening,
around 10 p.m., Ursua once more held AAA's breasts and vagina and placed himself on top of her ("pinatong po nya
uliyong, pumatong po uli sya sa akin").[4]
From January 17 to 18, 2006, BBB was in the street, selling in the market. On January 19, 2006, AAA left their house
and went to her godfather (ninong), CCC. She told him what happened between her and Ursua. She did not return to
their house and stayed with her ninong and cousins in a place under the Pasig City Hall.
On November 14, 2006, AAA, assisted by a liaison officer of the Department of Social Welfare and Development
(DSWD), executed a sworn statement before the Women and Children Concern Unit of the Pasig City Police
Station.[5] Based on the Request for Genital Examination by the police station, PSI Marianne Ebdane, a Medico-Legal
Officer of the Philippine National Police Crime Laboratory in Camp Crame, Quezon City, conducted a medical
examination of AAA on November 9, 2006. After finding that there were deep healed laceration at 7 o'clock position
and shallow healed lacerations at 2, 3 and 9 o'clock positions, she concluded that there is a clear evidence of remote
history of blunt force or penetrating trauma to AAA's hymen.[6] She interviewed AAA, who disclosed that it was
caused by her father who inserted his organ into her vagina.
Charges for qualified rape[7] were then filed against Ursua. The three Informations, all dated February 20, 2007,
alleged:
Criminal Case No. 134832-H
On or about January 17, 2006, in Pasig City and within the jurisdiction of this Honorable Court, the accused, by
means of force and intimidation, did then and there willfully, unlawfully and feloniously had sexual intercourse with
one [AAA], 14 years old, a minor and his daughter, against her will and consent.
Contrary to law.[8]
Criminal Case No. 134833-H
On or about January 18, 2006, at about 5:00 a.m., in Pasig City and within the jurisdiction of this Honorable Court, the
accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously had sexual
intercourse with one [AAA], 14 years old, a minor and his daughter, against her will and consent.
Contrary to law.[9]
Criminal Case No. 134834-H