GR 170235; (April, 2009) (Digest)
G.R. No. 170235 April 24, 2009
People of the Philippines, Plaintiff-Appellee, vs. Jaime Cadag Jimenez, Accused-Appellant.
FACTS
Accused-appellant Jaime Cadag Jimenez was charged with two counts of Rape under Article 335 of the Revised Penal Code, as amended, in Criminal Case Nos. 97-1578 and 97-1579. The informations alleged that in August 1996 and October 1996, in Marikina City, the accused, by means of force and intimidation, had carnal knowledge of AAA, a 12-year-old girl, against her will. The accused-appellant pleaded not guilty. The prosecution presented AAA, who testified that her father, the accused-appellant, raped her in August 1996 by inserting his penis into her vagina while her mother and siblings were sleeping, and again abused her in November 1996 by inserting his finger into her vagina. She did not immediately report the incidents due to fear. The medico-legal examination confirmed AAA was in a non-virgin state. The defense presented the testimonies of BBB (AAA’s mother) and the accused-appellant, who denied the allegations and claimed he was at work during the alleged incidents and that the case was fabricated. The Regional Trial Court convicted the accused-appellant of two counts of simple rape, sentencing him to reclusion perpetua for each count and ordering him to pay civil indemnity and moral damages. The Court of Appeals affirmed the RTC decision. The case was elevated to the Supreme Court for review.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of the accused-appellant for two counts of rape.
RULING
The Supreme Court denied the appeal and affirmed the decision of the Court of Appeals with modification. The Court held that the testimony of AAA was credible, straightforward, and consistent. The defense of denial and alibi by the accused-appellant was weak and could not prevail over the positive identification by the victim. The Court found that the prosecution proved the guilt of the accused-appellant beyond reasonable doubt for two counts of rape. However, the Court modified the damages awarded, increasing the civil indemnity to ₱50,000.00, moral damages to ₱50,000.00, and awarding exemplary damages of ₱25,000.00 for each count of rape. The penalty of reclusion perpetua for each count was affirmed.