FIRST DIVISION
G.R. No. 220490, March 21, 2018
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALFREDO OPEÑA Y BACLAGON, Accused-Appellants.
D E C I S I O N
DEL CASTILLO, J.:
This resolves the appeal of Alfredo Opeña y Baclagon (appellant) assailing the February 12, 2015 Decision1 of the Court of Appeals (CA) in CA-G.R. CR No. 06527 which affirmed with modification the September 30, 2013 Decision2 of the Regional Trial Court (RTC), Branch 95, Quezon City, finding appellant guilty of the crime of rape.
The Antecedent Facts
Before noon, on May 3, 2007, "AAA"3 was inside a room at the second floor of their house in Quezon City, when her father (appellant) suddenly entered, approached her and forcibly removed her shorts and underwear. After removing his shorts, appellant parted "AAA's" legs and inserted his penis into "AAA's" vagina. While appellant was doing this act, "AAA" kept resisting and crying. Appellant told "AAA" to keep quiet and not to shout or else he will inflict harm upon her.
The following day, May 4, 2007, "AAA" sent a text message to her aunt, "CCC," asking the latter's help in getting her and her mother, "BBB," out of their house as appellant was preventing them from leaving. "AAA" also told "CCC" that she was being raped by appellant since she was 11 years old and that she wanted appellant arrested. Eventually, appellant was arrested and brought to the police station along with "AAA," "BBB" and "CCC". Thereat, "AAA" gave her sworn statement. Thereafter, "AAA" was subjected to a medical examination at Camp Crame, Quezon City and further interviewed by a Clinical Psychologist. The conclusion of the medical examination done by P/Chief Insp. Maria Annalisa dela Cruz, contained in Medico-Legal Report No. R07-902,4 showed "[d]eep healed laceration at 3, 6 and 9 o'clock position[s]" and was the result of a "blunt force or penetrating trauma to the hymen."
On May 7, 2007, an Information for rape was filed with the RTC against appellant which contained the following accusations:
The undersigned accuses ALFREDO OPEÑA y BACLAGON of the crime of rape, committed as follows:To exculpate himself from liability, appellant offered nothing but denial. To justify the same, appellant averred that his relationship with his daughter "AAA" was good (maayos). He contended that he was hurt by "AAA's" accusation because there was no proof or truth behind it.That on or about the 3rd day of May 2007, in Quezon City, Philippines, the above-named accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge [of] his daughter ["AAA"] all against her will and without her consent; to the damage and prejudice of the said offended party,
CONTRARY TO LAW.5
WHEREFORE, the Court finds accused Alfredo Opeña y Baclagon GUILTY beyond reasonable doubt of the crime of Rape under paragraph 1 of Article 266-A of the Revised Penal Code against her daughter, complainant ["AAA,"] and he is hereby sentenced to sutler the penalty of Reclusion Perpetua and to pay the complainant the sum of Php75,000.00 as civil indemnity and Php50,000.00 as moral damages, plus Php30,000.00 as exemplary damages.Not satisfied with the findings of the RTC, appellant appealed to the CA.
IT IS SO ORDERED.6
Here, AAA was unwavering in her account that she was raped by her own father. She positively identified him as her rapist. She even broke down in tears during her recollection of her father's bestial act. The crying of the victim during her testimony is evidence of the credibility of the rape charge which is a matter of judicial cognizance.7On February 12, 2015, the CA affirmed with modification the appealed RTC Decision, to wit
WHEREFORE, in view of the foregoing, the herein impugned September 30, 2013 Decision of the Regional Trial Court, Branch 95, Quezon City, finding accused-appellant GUILTY beyond reasonable doubt of the crime of RAPE is hereby AFFIRMED with MODIFICATION in that accused-appellant is ordered to indemnify his daughter 'AAA,' the amount of P50,000.00 as civil indemnity, another P50,000.00 as moral damages and P25,000.00 as exemplary damages.Appellant is now before us for final relief.
The rest of the Decision stands.
SO ORDERED.8
THE TRIAL COURT GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY OF THE CRIME CHARGED DESPITE THE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.10
Endnotes:
** Acting Chairperson per Special Order No. 2540 dated February 28, 2018.
*** Designated as additional member per March 5, 2018 raffle vice J. Jardeleza who recused due to prior action as Solicitor General.
****Designated as additional member per November 29, 2017 raffle vice J. Tijam who recused due to prior participation in the Court of Appeals.
1 CA rollo, pp. 123-145; penned by Associate Justice Priscilla J. Baltazar-Padilla and concurred in by Associate Justices Hakim S. Abdulwahid and Socorro B. Inting.
2 Records, Vol. II, pp. 440-456; penned by Acting Presiding Judge Jose G. Paneda.
3 "The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. 7610, An Act Providing for Stronger Deterrence And Special Protection Against Child Abuse, Exploitation And Discrimination, Providing Penalties for its Violation, And for Other Purposes; Republic Act No. 9262, An Act Defining Violence Against Women And Their Children, Providing For Protective Measures For Victims, Prescribing Penalties Therefor, And for Other Purposes; and Section 40 of A.M. No, 04-10-11-SC, known as the Rule on Violence against Women and Their Children, effective November 15, 2004." People v. Dumadag, 667 Phil. 664, 669 (2011).
4 Exhibit "H", Folder of Exhibits, p. 10.
5 Records, Vol. 1, p. 1.
6 Records, Vol. II, pp. 455-456.
7 CA rollo, p. 135.
8 Id. at 144-145.
9Rollo, pp. 30-31.
10 CA rollo, p. 27.
11People v. Cañada, 617 Phil. 587, 604 (2009).
12 294 Phil. 286 (1993).
13 Supra.
14 Exhibit "A," "AAA's" Certificate of Live Birth, Folder of Exhibits, p. 1.
15See People v. Galvez, 765 Phil. 368, 380 (2015).
16People v. Rubio, 683 Phil. 714, 726 (2012).
17 747 Phil. 657, 670 (2014).
18See People v. Lomaque, 710 Phil. 338, 352 (2013).
19People v. Mateo, 588 Phil. 543, 553 (2008).
20People v. Pareja, 724 Phil. 759, 773 (2014).
21People v. Rayon, Sr., 702 Phil. 672, 689 (2013).
22People v. Arceo, 772 Phil. 613, 627 (2015).
23People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331.