On April 11, 2013, accused-appellant, through counsel, filed a Notice of Appeal
manifesting his intention to appeal the CA Decision to this Court.11
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In its Resolution dated May 3, 2013, the CA gave due course to accused-appellant's
Notice of Appeal and directed its Judicial Records Division to elevate the records of the
case to this Court.12
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Hence, this appeal was instituted.
In a Resolution13 dated December 4, 2013, this Court, among others, notified the
parties that they may file,their respective supplemental briefs, if they so desire.
in its Manifestation14 dated February 17, 2014, the Office of the Solicitor General (OSG)
informed this Court that it will no longer file a supplemental brief because it had already
adequately addressed in its brief filed before the CA all the issues and arguments raised
by accused-appellant in his brief.
In the same manner, accused-appellant filed a Manifestation in Lieu of Supplemental
Brief15 dated March 4, 2014, indicating that he no longer intends to file a supplemental
brief and is adopting his brief, which was filed with the CA, as his supplemental brief as
it had adequately discussed all the matters pertinent to his defense.
Accused-appellant's basic contention is that he was wrongly convicted because the
prosecution failed to prove his guilt beyond reasonable doubt. In support of his claim,
he posits the following arguments: (1) AAA's unexplained delay of five (5) days in
reporting her alleged rape to her mother, as well as her failure to immediately identify
accused-appellant as the supposed perpetrator of the crime, greatly affects her
credibility; (2) AAA's credibility is also subject to question considering her failure to
clearly narrate her alleged rape during her testimony in court and that what she did
was merely to confirm the leading questions propounded to her by the prosecutor; (3)
AAA's actuations immediately after her supposed rape, wherein she showed no outrage
or fear towards accused-appellant, are not the natural reaction of the victim of a crime.
The appeal lacks merit.
The pertinent provisions of Articles 266-A of the Revised Penal Code, as amended,
provide:
Art. 266-A Rape; When And How Rape is Committed. chanRoblesvirtual Lawli bra ry
1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
a) Through force, threat, or intimidation;
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b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and