[G.R. No. 183090 : November 14, 2011]
PEOPLE OF THE PHILIPPINES, PETITIONER, VS. BERNABE PANGILINAN Y CRISOSTOMO, RESPONDENT.
D E C I S I O N
PERALTA, J.:
Before us is an appeal filed by appellant Bernabe Pangilinan which seeks to reverse and set aside the Decision1 dated January 25, 2008 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 00197. The CA decision affirmed the judgment2 of the Regional Trial Court (RTC) of Tarlac City, Branch 63, convicting appellant of the crimes of rape under Article 266-A of the Revised Penal Code, as amended, and sexual abuse under Section 5 (b) of Republic Act (RA) No. 76103 with modification as to the amount of damages awarded to the offended party.
Consistent with our ruling in People v. Cabalquinto,4 we withhold the real name of the victim and her immediate family members, as well as any information which tends to establish or compromise her identity. The initials AAA represent the victim, the initials BBB stand for her aunt, appellant's wife, and the initials CCC refer to one of her relatives.
On October 3, 2001, the prosecution filed two (2) Informations charging appellant of the crimes of Rape5 and Child Sexual Abuse under Section 5 (b) of RA No. 7610. The Informations respectively read:
Upon his arraignment on February 21, 2002,8 appellant, duly assisted by counsel, entered a plea of Not Guilty
Consistent with our ruling in People v. Cabalquinto,4 we withhold the real name of the victim and her immediate family members, as well as any information which tends to establish or compromise her identity. The initials AAA represent the victim, the initials BBB stand for her aunt, appellant's wife, and the initials CCC refer to one of her relatives.
On October 3, 2001, the prosecution filed two (2) Informations charging appellant of the crimes of Rape5 and Child Sexual Abuse under Section 5 (b) of RA No. 7610. The Informations respectively read:
Criminal Case No. 11768
That on or about July 27, 2001, at around 10:00 o'clock in the evening at Brgy. Apsayan, Municipality of Gerona, Province of Tarlac, Philippines and within the jurisdiction of this Honorable Court, the above-named accused by means of force, threat and intimidation did then and there willfully, unlawfully and feloniously have sexual intercourse with [his] stepdaughter AAA, a minor, 13 years of age, against her will and consent.
Contrary to law.6
Criminal Case No. 11769
That on or about 1995 up to about June 2001, at Barangay Apsayan, Municipality of Gerona, Province of Tarlac, Philippines and within the jurisdiction of this Honorable Court, the above-named accused with lewd design, did then and there willfully, unlawfully and criminally commit acts of lasciviousness upon the person of AAA, a minor subjected to sexual abuse.
That accused is the stepfather of AAA, who was born on January 29, 1988.
Contrary to law.7
Upon his arraignment on February 21, 2002,8 appellant, duly assisted by counsel, entered a plea of Not Guilty
