there was no bleeding when AAA was subjected to internal examination. Hence, an
Information was filed against appellant, which reads as follows:
That on or about December 30, 2004 in the evening in Barangay Telbang, Alaminos
City, Pangasinan, Philippines and within the jurisdiction of this Honorable Court, the
above-named accused by means of force, threat and intimidation did then and
there wilfully, unlawfully and feloniously did (sic) lie and succeeded (sic) in having
carnal knowledge of AAA, his fifteen (15) year-old daughter, despite her resistance
and pleas for mercy, to her damage and prejudice.
Contrary to Article 266-A of the Revised Penal Code, as Amended.
Aside from the testimony of AAA, Dr. Ma. Teresa G. Sanchez, AAA's sisters BBB and
DDD also testified against appellant.
Appellant, on the other hand, denied that he had sexual intercourse with AAA. He
claimed that his children's hard feelings towards him for severely punishing them
when they were at fault motivated them in filing a complaint.
The RTC found appellant guilty beyond reasonable doubt of the crime charged,
thus:
WHEREFORE, in view of the foregoing consideration, this Court finds accused JESUS
MAVOLA y PICAR GUILTY beyond reasonable doubt of the crime of rape as charged
in the Information, and hereby sentences him to suffer the penalty of reclusion
perpetua, to indemnify the offended party the amount of P75,000.00; to pay moral
damages to the victim in the amount of P75,000.00, and P25,000.00 as exemplary
damages.
SO ORDERED.[4]
Subsequently, appellant filed an appeal with the CA and the latter, on May 21,
2014, affirmed the Decision of the RTC with modification as to the award of
damages, thus:
WHEREFORE, premises considered, the Decision dated September 11, 2009 of the
RTC, Branch 55, Alaminos City, Pangasinan in Criminal Case No. 4758-A is hereby
AFFIRMED with MODIFICATION. Accused-appellant JESUS MAYOLA y PICAR is found
GUILTV beyond reasonable doubt of the crime of qualified rape, and sentenced to
reclusion perpetua without eligibility for parole. He is ordered to pay the victim AAA
Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity, Seventy-Five
Thousand Pesos (P75,000.00) as moral damages, and Thirty Thousand Pesos
(P30,000.00) as exemplary damages, with interest at the rate of 6% per annum
from the date of finality of this judgment until fully paid.
SO ORDERED.[5]