GR 151952; (March, 2009) (Digest)
G.R. No. 151952 , March 25, 2009
The People of the Philippines, Plaintiff-Appellee, vs. Heracleo Abello y Fortada, Accused-Appellant.
FACTS
Accused-appellant Heracleo Abello y Fortada, the stepfather of the victim AAA, was charged with one count of rape by sexual assault (placing his penis inside AAA’s mouth) on July 8, 1998 (Criminal Case No. 19623-MN), and two counts of sexual abuse under Republic Act No. 7610 (Child Abuse Law) for mashing AAA’s breast on June 30, 1998 (Criminal Case No. 19624-MN) and July 2, 1998 (Criminal Case No. 19625-MN). AAA was 21 years old, polio-stricken, and could not walk or study. The incidents occurred while she was sleeping in their house in Navotas, Metro Manila. She was awakened during each incident and recognized Abello due to light illuminating the house. She reported the incidents on July 8, 1998. Abello pleaded not guilty, interposing the defense of denial, claiming he merely stepped on the victim while passing through the sala. The Regional Trial Court convicted Abello. The Court of Appeals affirmed the conviction but modified the penalties.
ISSUE
1. Whether the court a quo erred in not absolving the accused-appellant of the crime of violation of paragraph 2, Article 266-A of the Revised Penal Code, as amended (rape by sexual assault).
2. Whether the court a quo erred in not exculpating the accused-appellant of the crime of violation of Section 5, Article III of R.A. No. 7610 (sexual abuse).
RULING
The Supreme Court affirmed Abello’s conviction on all three charges. The Court found no reason to doubt the veracity of AAA’s testimony, which was positive, direct, categorical, and candid. Her straightforward narration, coupled with the lack of ill motive to falsely accuse her stepfather, deserved credence. The defense of denial could not prevail over AAA’s positive identification, which was possible due to illumination from outside light. The Court also found the defense version—that he was prosecuted merely for stepping on AAA’s hand—contrary to human experience. The penalties imposed by the Court of Appeals were sustained.