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In Criminal Case No. RTC-2003-0295, the incident rape through carnal knowledge occurred in March 1999 when BBB was 13 years old. While BBB was alone in their house watching TV, appellant told her to get inside the room, but she refused. Appellant got mad, slapped her face and dragged her inside the room. He then removed her shorts, slapped her again and covered her mouth when she tried to shout for help. After removing her bra and panty, appellant laid BBB on the bed, held her breasts and inserted his penis in her vagina, causing her to feel severe pain. BBB kept mum about the incident as she was afraid that he might kill her. In Criminal Case No. RTC-2003-0296, the other incident of rape through carnal knowledge took place on March 30, 2003 when BBB was already 16 years old. Only appellant and BBB were at home that day since her mother and siblings went to Naga City. At about 8:00 p.m., BBB was preparing her beddings in their sala when appellant told her to undress herself. Since appellant threated to kill her, BBB obeyed, Appellant also undressed himself, held BBB's breasts, kissed her and inserted his penis into her vagina for an hour. When BBB's mother learned of the rape incidents, she accompanied BBB at NBI Naga City to file a complaint against appellant. Dr. Jane Fajardo conducted a medico-legal examination and came up with these findings: (1) old, deep, but healed hymenal lacerations at the 6 and 9 o'clock positions, (2) the edges are round and coaptible, and; (3) the hymenal orifice measures 2.5 cms. as to allow complete penetration by an average-sized adult Filipino male organ in full erection without producing hymenal injury. Appellant denied all the rape charges against him for the following reasons: (1) after his wife gave birth on April 13, 1998, the lights in their bedroom were turned on all night; (2) in the summer of 1999, all his children stayed home all the time for no one among them took summer classes, and he was busy taking care of his oneyear-old daughter; (3) in September 2002, he only required her daughter BBB to take a urine test because he learned that she missed her period.[8] He dismissed the allegations against him as a mere fabrication of his wife's relatives who were against their marriage. He also claimed that BBB allowed herself to be part of such malicious scheme, as she was angry at him for having slapped and hurt her when he learned that she has a boyfriend and she missed two menstruation periods. He also denied having caused the abortion of BBB's baby in Manila, but admitted that he went there with BBB to visit his sister Rebecca who had arrived from the United States. On July 19, 2011, the RTC rendered a judgment, convicting appellant of one (1) count of rape by sexual assault and two (2) counts of rape by sexual intercourse, thus:

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People v. Macapagal

Jurisprudence

Case number: G.R. No. 218574

Division: PH Supreme Court Second Division

Date of decision: Nov 22, 2017

Year of decision: 2017

GBV Case Type

Acts of lasciviousness
Child Abuse (R.A. 7610)
Child Rape
Incest
Minor
Rape

Nature of the case: The accused, being the father of the victim, by means of force and intimidation with lewd designs, succeeded in inserting his finger inside the private part of his 11-year-old daughter who is a minor, against her will and without her consent and in having sexual intercourse with the victim at that time of the incident she was 13 years of age and the other incident when she was 16 years of age. The accused was charged in three (3) separate informations with three (3) counts of violation of Article 266-A and Article 266-B of the Revised Penal Code,3 (RPC) in relation to Republic Act (R.A.) No. 7610. In the first charge, the accused was held liable for acts of lasciviousness under Art. 336 of the RPC, in relation to Section(b), Art. III of R.A. No. 7610 considering that all the elements of the said offense were established by the prosecution through the credible testimony of the victim to the effect that the accused showed a knife and threatened to kill her should she make any noise, then forcibly removed her shorts and panty, and inserted his finger in her private part, causing her to feel pain. With respect to Criminal Cases Nos. RTC-2003-0295 and RTC-2003- 0296, the prosecution was, likewise, able to prove beyond reasonable doubt all the elements of qualified rape as defined under paragraph 1, Art. 266-A26 and penalized under paragraph 1, Art. 266-B. Thus, the accused was convicted for the crimes of acts of lasciviousness two (2) counts of qualified rape.

Summary of outcome

He is sentenced to suffer the following, viz:

For Criminal Case No. RTC-2003-0294 (Acts of Lasciviousness): He is sentenced to suffer Fourteen (14) years and Eight (8) months of reclusion temporal minimum, as minimum, to Seventeen (17) years and Four (4) months of reclusion temporal medium, as maximum, in view of the presence of the alternative aggravating circumstance of relationship. He is, likewise, ordered to pay the victim civil indemnity in the amount of P20,000.00, as well as moral damages, exemplary damages and fine in the amount of P15,000.00 each;
For Criminal Case Nos. RTC-2003-0295 and RTC-2003-0296 (2 Counts of Qualified Rape): He is sentenced for each count to suffer the penalty of reclusion perpetua without eligibility for parole.

He is also ordered to pay the victim civil indemnity, moral damages and exemplary damages in the amount of P100,000.00 each for both counts of qualified rape. All damages awarded shall incur legal interest at the rate of six percent (6%) per annum from finality of the Decision until fully paid.

Observatory: Gender-Based Violence

Ponente: PERALTA, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. RAUL MACAPAGAL Y MANALO, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 13.622303

Longitude: 123.169197

: Geolocation 1

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People v. Macapagal

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