On or about January 18, 2006, at about 10:00 p.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.[10]
In his arraignment, Ursua pleaded not guilty. Trial ensued.
Ursua denied having any carnal knowledge of AAA. He recalled that around 9:00 p.m. to 10:00 p.m. on January 17,
2006 he arrived at the house after working at their neighbor's place. At that time, AAA and BBB were at the house.
He was living only with them because he was already separated from his wife for a long time. He requested his
children to buy lugaw. When they returned, he ate it and rested. He just heard that they closed the door and slept
beside him. With lights on, BBB slept at the middle between him and AAA. While they were asleep, he did not notice
anything.
When Ursua woke up at 5:00 a.m. on January 18, 2006, BBB was already awake, while AAA was still asleep. He
brought BBB to the market to work at his (Ursua) cousin's vegetable store. By 7:00 a.m., he returned to their house to
pick up AAA and bring her to school. Afterwards, he went to work and arrived at their house around 12:00 midnight.
By that time, his two children were already sleeping.
On January 19, 2006, AAA attended school and proceeded directly to CCC's store located under the Pasig City Hall.
She stayed there from 12:00 p.m. until Ursua fetched her around 9:00 p.m. to 10:00 p.m. Subsequently, however,
AAA did not return home anymore. Since September 2006, she had been staying in the DSWD.
Ursua claimed that AAA filed the cases against him because he prevented her from going to CCC. The reason being
that she became especially close to her godfather. Whenever he fetched her, he oftentimes saw him embracing her
and that sometimes she was sitting on his lap. Due to the prohibition, AAA would leave the house whenever they
were asleep. They would wake up without AAA and just see her already at CCC's place.
Testifying for his father, BBB declared that on January 17, 2006, he was at home with AAA, while his father was
working as a helper. Around 8:00 p.m. to 9:00 p.m., Ursua arrived and told them to buy food. After which, they all ate
the lugaw and slept around 10:00 p.m. to 11:00 p.m. The house they were residing at was only small and with one
bed. Ursua and AAA slept on his either side. While sleeping, he did not feel or notice anything unusual. They woke up
at 5 a.m. Considering that the light was on, he did not notice if his father or sister was already awake. He does not
know the reason why AAA would file a case against their father and why she would lie about it. Prior to the alleged
incident on January 17, 2006, he did not notice any special treatment or any unusual behavior of his father against
his sister. There was no misunderstanding between them. He affirmed that she frequented the shop of CCC.
On November 22, 2012, Ursua was convicted of three (3) counts of qualified rape. The fallo of the Decision reads:
WHEREFORE, premises considered, there being proof beyond reasonable doubt that accused FRANCIS URSUA y
Bernal has committed the crime of Qualified Rape (3 counts) under Article 266-A in relation to Article 266-B, par. 5(1)
of the Revised Penal Code and in further relation to Sec. 5(a) of R.A. 8369 as charged, the Court hereby pronounces
him GUILTY beyond reasonable doubt and, there being aggravating circumstances, hereby sentences him to suffer
the penalty of 3 counts of RECLUSION PERPETUA. Accused is ordered to pay AAA the amount of Php150,000.00
by way of civil indemnity; Php75,000.00 as moral damages and Php60,000.00 as exemplary damages.
SO ORDERED.[11]
The trial court found AAA as a witness and her testimony credible. She positively identified her father as the one who
raped her and testified consistently and convincingly on the material facts, including the dates and time, that
transpired in the alleged incidents. In addition, PSI Ebdane presented and explained her medico-legal report to
corroborate AAA's declaration that she was sexually molested. The court was unconvinced by the defense of alibi
and denial of Ursua. Even if corroborated by his son, the defense was not given credence as it was unsubstantiated
and there was no doubt that he could be at the scene of the crime at the time the alleged incidents happened.
On appeal, the CA ruled that Ursua's denial cannot overcome the positive testimony of AAA. She was spontaneous
and credible as she gave clear and categorical narration of events and was firm and steadfast in her accusations.
However, in view of the failure of the prosecution to prove the fact of penile penetration with regard to the alleged
rape that occurred in the evening of January 18, 2006, the appellate court downgraded the offense to acts of
lasciviousness.[12] It disposed:
WHEREFORE, premises considered, the appeal is hereby DENIED. The conviction of the Accused-Appellant Francis
Ursua y Bernal for the two (2) counts of rape (Criminal Case No. 134832-H and Criminal Case No. 134833-H) is
AFFIRMED. The third (Criminal Case No. 134834-H) count of rape is MODIFIED to ACTS OF LASCIVIOUSNESS
and accused-appellant is sentenced to suffer the penalty of reclusion perpetua as maximum period and ordered to