818 Phil. 1100
SECOND DIVISION
[ G.R. No. 227185, September 27, 2017 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.
EEE, ACCUSED-APPELLANT.
DECISION
PERALTA,** J.:
This is an appeal from the June 3, 2016 Decision[1] of the Court of Appeals (CA) in
CA-G.R. CEB-CR-HC. No. 01972, which affirmed with modification the November
24, 2014 Decision[2] of the Regional Trial Court (RTC) Branch 45, Bais, Negros
Oriental, finding accused-appellant EEE guilty beyond reasonable doubt of qualified
rape committed against his minor stepdaughter, AAA.
The Information for rape,[3] dated August 31, 2006, alleged:
That on or about the month of June 28, 2006, at Bais City, Philippines and within
the jurisdiction of this Honorable Court, the above-named accused, by means of
force and intimidation, did then and there willfully, unlawfully and feloniously [had]
carnal knowledge with his own step-daughter, a thirteen (13) year old minor child,
one [AAA], against her will, to the damage and prejudice of the offended party.
That the commission of the crime was attended with the qualifying and aggravating
circumstance of relationship and minority as the victim [AAA] was still thirteen (13)
years old. when the accused sexually molested her.[4]
EEE pleaded "Not Guilty" in his arraignment.[5] At the pre-trial, both parties
mutually stipulated on the following facts:
1. That accused admits his identity, that whenever his name is mentioned in the
proceedings, he is the same accused in this case.
2. That accused admits that the victim is [his] stepdaughter, the latter being the
offspring of [BBB] with her first husband.[6]
Trial ensued while EEE was under detention.[7] The witnesses for the prosecution
were AAA, her mother BBB, and medical examiner Dr. Ma. Corazon Cablao. The
defense presented EEE, his brother-in-law (husband of his sister) FFF, and his
father GGG.