GR 208761; (June, 2014) (Digest)
G.R. No. 208761, June 4, 2014
People of the Philippines, Plaintiff-Appellee, vs. Rolando Baraga y Arcilla, Accused-Appellant.
FACTS
Accused-appellant Rolando Baraga was charged with three counts of acts of lasciviousness under Republic Act (R.A.) No. 7610 and two counts of rape under the Revised Penal Code, committed against his minor daughter, AAA. The prosecution alleged that on April 2, 2007 (when AAA was 11), Baraga touched her vagina. On August 8 and 15, 2007, Baraga had carnal knowledge of AAA while she was sleeping. On August 19, 2007, Baraga again touched AAA’s vagina. The incidents were reported after AAA told her uncle. A medical examination revealed a “shallow healed laceration” on AAA’s hymen. Baraga denied the allegations, claiming alibi and that a certain Veronica Cruz influenced AAA to file false charges. The Regional Trial Court (RTC) convicted Baraga of two counts of acts of lasciviousness (Criminal Case Nos. 07-0685 and 07-0864) and two counts of rape (Criminal Case Nos. 07-0861 and 07-0862), acquitting him of one count of acts of lasciviousness. The Court of Appeals (CA) affirmed with modifications, adjusting penalties based on AAA’s age at the time of each act.
ISSUE
Whether the CA correctly affirmed Baraga’s convictions for two counts of rape and two counts of acts of lasciviousness.
RULING
The Supreme Court denied the appeal and affirmed the CA Decision with modification. For the two counts of qualified rape (Criminal Case Nos. 07-0861 and 07-0862), the Court upheld the penalty of reclusion perpetua without eligibility for parole, as the victim was under 18 and the offender was her parent. AAA’s testimony was found spontaneous, clear, and credible, while Baraga’s denial and alibi were weak defenses. For the acts of lasciviousness in Criminal Case No. 07-0864 (committed when AAA was 11), the Court applied Section 5(b) of R.A. No. 7610, imposing reclusion temporal in its medium period. For Criminal Case No. 07-0685 (committed when AAA was 12), the Court modified the CA ruling and found Baraga guilty under Section 5(b) of R.A. No. 7610, imposing the penalty of reclusion perpetua, as the act constituted sexual abuse under the said law. The Court ordered Baraga to pay civil indemnity, moral damages, exemplary damages, and interest on all monetary awards at 6% per annum from finality until fully paid.