personally delivered his son to the police station on October 5, 2006 because a case
was filed against him.
On November 24, 2014, EEE was convicted by the RTC of the crime charged. The
fallo of the Decision reads:
WHEREFORE, all premises considered, the prosecution having established the guilt
of the accused beyond reasonable doubt, accused EEE is hereby sentenced to
RECLUSION PERPETUA and to pay the victim the amount of P100,000.00 moral
damages and P50,000.00 indemnity.
SO ORDERED.[9]
The trial court opined that it was not impossible for EEE to be at the locus criminis
because to cover the distance of three kilometers would surely not consume one
hour of normal walking and even much less when done in a hurry. It ruled that
where an accused person's alibi is established only by himself, his relatives, and
friends, the denial of culpability should be accorded the strictest scrutiny as they
are necessarily suspect and cannot prevail over the testimonies of the more
credible witnesses for the prosecution. To the court's mind, the threat of EEE to
AAA - that she would be scolded by BBB and that both of them would go to jail - is
serious enough to silence her and surrender her womanhood. Furthermore, it was
held that courts are seldom, if at all, convinced that a mother would stoop so low as
to subject her daughter to physical hardship and shame concomitant to a rape
prosecution just to assuage her own hurt feelings against the accused. Finally, the
court noted that AAA was crying when EEE was testifying in the witness stand; her
tears added poignancy to verity born out of human nature and experience.
EEE elevated the case to the CA, arguing that: the crime of rape could not be
committed considering that he and BBB, together with AAA, no longer lived
together since April 2006; the aggravating circumstance of force, threat or
intimidation was not proven because the consent to perform sexual congress was
given before the alleged threat was made towards AAA; even assuming that such
remark was made, it could qualify only as a mere precaution or advice to her after
the consensual sex was already consummated; and, if at all, he is only guilty of
qualified seduction under Article 337 of the RPC.
Convinced that sufficient proof was presented by the prosecution to support the
conviction of EEE, the CA dismissed the appeal. It ruled that: AAA did not deny that
they were living separately from him but such separation happened after the
commission of the crime; EEE failed to disprove that his father's ricefield was near
their house and that it was possible for him to traverse these places within a span
of an hour; his threat was enough to instill fear on AAA, silencing her on the rape
committed; and there is no credence in his assertion that AAA filed the case just