GR 184922; (February, 2011) (Digest)
G.R. No. 184922 ; February 23, 2011
PEOPLE OF THE PHILIPPINES, Appellee, vs. PORFERIO MASAGCA, JR. y PADILLA, Appellant.
FACTS
The appellant, Porferio Masagca, Jr., a widower, was charged with three counts of rape committed against his daughter, AAA. The first incident occurred on September 10, 2000, in Barangay Sto. Domingo, Virac, Catanduanes, when the appellant laid beside AAA, removed her clothing, and had carnal knowledge of her while threatening to hit her if she made noise. The second and third incidents occurred on October 6 and 14, 2001, respectively, at his parents’ home in Barangay J.M. Alberto, Virac, Catanduanes, under similar circumstances, with the appellant using force and threats. AAA revealed the rapes to her aunt seven days after the last incident. At trial, the prosecution presented AAA’s testimony and medico-legal findings of healed hymenal lacerations. The appellant interposed the defenses of denial and alibi, claiming AAA fabricated the charges after he spanked her for going to the river with a male stranger.
ISSUE
Whether the Court of Appeals correctly affirmed the Regional Trial Court’s decision finding the appellant guilty beyond reasonable doubt of three counts of qualified rape.
RULING
Yes, the Supreme Court affirmed the appellant’s guilt but modified the awards of damages. The Court upheld the findings of the trial and appellate courts, giving great weight to AAA’s credible, categorical, and straightforward testimony, which was consistent with human nature and corroborated by medical evidence. The defenses of denial and alibi were deemed weak and insufficient to overcome AAA’s positive identification of the appellant as her rapist. The crime was qualified rape under Article 266-B of the Revised Penal Code, as amended, as the victim was under eighteen years old and the offender was her parent. The proper penalty for each count was reclusion perpetua, the death penalty having been reduced by Republic Act No. 9346 . The Court affirmed the award of civil indemnity at ₱75,000.00 for each count, increased moral damages from ₱50,000.00 to ₱75,000.00 for each count, and increased exemplary damages from ₱25,000.00 to ₱30,000.00 for each count.