sexual desires.[35] The CA ruled that his acts of purposely touching her breasts and
vagina, and the subsequent insertion of his finger and penis into her vagina to
commit sexual intercourse with her against her will, clearly established the felony of
qualified rape.[36]
The CA nonetheless modified the awards of civil indemnity, moral damages, and
exemplary damages in Criminal Case No. 09-1119,[37] in light of this Court's ruling
in People v. Jugueta.[38]
Hence, this appeal.
The accused-appellant insists that the CA gravely erred in finding him guilty of the
crimes charged.[39] He contends that the evidence of the prosecution fell short of
the legal standard to convict him because AAA's testimony was incredible and
inconsistent with human experience;[40] that it was unbelievable that AAA failed to
seek help from her family members who were then sleeping beside her when the
incidents happened;[41] that AAA's testimony showed that she was unsure of the
identity of her attacker until the November 5, 2009 incident occurred;[42] and
finally, that AAA concocted the charges against him as an act of vengeance for
having punished AAA for staying out late with her friends.[43]
Ruling
The appeal has no merit.
The Court cannot give any credence to the accused-appellant's argument that his
identity was never established by the prosecution. It was clear from AAA's
testimony that she was certain that it was her father who committed the vicious
acts against her on November 3, 2009 to November 5, 2009. While the defense
attempted to confuse the victim and cast doubt on her testimony on crossexamination, AAA never wavered in her statement that it was the accusedappellant who forced himself upon her on November 4, 2009 as she confirmed his
identity when she was able to touch his tattoo while the act was being committed.
During the commission of the first lascivious act on November 3, 2009, AAA was
able to confirm the accused-appellant's identity when he told her to allow him to
touch her breasts. The accused-appellant's identity was again confirmed on
November 5, 2009, not only by AAA herself, but also by his younger daughter, CCC,
who had awakened while accused-appellant was attempting to force himself on AAA
again. In this jurisdiction, the identity of an accused may sufficiently be established
by the sound of his voice and familiarity with his physical features where the
witness and the accused had known each other personally and closely for a number
of years.[44]