G.R. No. 174484 February 23, 2009
THE PEOPLE OF THE PHILIPPINES, Appellee, vs. FELIX ORTOA y OBIA, Appellant.

FACTS

Appellant Felix Ortoa y Obia was charged with two counts of Rape against his daughters AAA and BBB, and one count of Acts of Lasciviousness against AAA. The sexual abuse of AAA began in 1991 when she was three years old, with appellant inserting his finger into her vagina. When she was six years old in 1994, appellant started having sexual intercourse with her. The abuse continued until AAA was 12. BBB was raped by appellant in October 2000 when she was eight years old. The abuses were revealed in December 1999 when AAA experienced profuse bleeding and confessed to her mother, CCC. A final incident on April 3, 2001, led CCC to report the crimes to the police. The Regional Trial Court found appellant guilty beyond reasonable doubt of two counts of Rape and one count of Acts of Lasciviousness, sentencing him to Death for each rape and Reclusion Temporal, Medium for acts of lasciviousness. The Court of Appeals affirmed the convictions with modifications, adding awards for exemplary damages. The case was elevated to the Supreme Court for automatic review.

ISSUE

The issues raised by appellant are: (1) whether the trial court gravely erred in finding him guilty in Criminal Case No. MC01-387-FC-H (rape of BBB) when physical evidence proves otherwise; and (2) whether the trial court gravely erred in giving faith and credence to the testimonies of the prosecution witnesses and in totally disregarding the version of the defense.

RULING

The Supreme Court found appellant’s contentions untenable. The Court affirmed the findings of the lower courts, emphasizing the well-entrenched principles in rape cases: an accusation is difficult to prove but more difficult for an innocent accused to disprove; the complainant’s testimony must be scrutinized with great caution; and the prosecution’s evidence must stand on its own merits. The Court gave primordial consideration to the credibility of the victims’ testimonies, which were found by the trial and appellate courts to be categorical, straightforward, spontaneous, convincing, clear, and candid. The trial court’s conclusions on credibility are generally accorded great weight and respect. No facts or circumstances of weight and substance were overlooked that would alter the result. The Court found no merit in the defense’s arguments and upheld the convictions. The penalties and damages were affirmed in accordance with prevailing jurisprudence, noting the prohibition of the death penalty under Republic Act No. 9346 and modifying the penalties to reclusion perpetua without parole for the rape convictions.