G.R. No. 187154 , April 23, 2010.
People of the Philippines, Appellee, vs. Edwin Dalipe y Perez, Appellant.

FACTS

The appellant, Edwin Dalipe y Perez, was charged with three counts of statutory rape and two counts of acts of lasciviousness against his stepdaughter, AAA. The Informations alleged that the rapes occurred on or about the first Friday of May 1992, the second Friday of July 1992, and on July 29, 1995, in Quezon City. The acts of lasciviousness, involving touching, fondling breasts, and inserting a finger into AAA’s private parts, were alleged to have occurred on February 17, 1994, and the first week of June 1994. AAA testified in detail about each incident. She was first raped in May 1992 when appellant sent her brothers out of their room, locked the door, and forcibly had carnal knowledge of her. She reported it to her grandmother and mother, but her mother did not believe her and became angry. The second rape occurred in July 1992, while she was sleeping. The acts of lasciviousness in February and June 1994 involved digital insertion. The third rape occurred on July 29, 1995. AAA’s classmate, Karen Sangalang, testified that AAA confided the abuse to her in August 1995, leading to reports to teachers and authorities. The NBI medico-legal officer, Dr. Floresto P. Arizala, testified that his examination revealed healed lacerations consistent with sexual intercourse. The Regional Trial Court found appellant guilty, and the Court of Appeals affirmed the conviction with modification to the penalties and damages.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of appellant for three counts of statutory rape and two counts of acts of lasciviousness.

RULING

The Supreme Court denied the appeal and affirmed the decision of the Court of Appeals with modifications. The Court held that AAA’s testimony was credible, straightforward, and consistent. The defense of denial and alibi by appellant was weak and could not prevail over the positive identification and credible narration of the victim. The Court found all elements of statutory rape and acts of lasciviousness under Republic Act No. 7610 present. The Court modified the penalties: for each count of statutory rape, appellant is sentenced to reclusion perpetua without eligibility for parole. For the acts of lasciviousness, appellant is sentenced to an indeterminate penalty of eight years and one day of prision mayor, as minimum, to fourteen years, eight months, and one day of reclusion temporal, as maximum. Appellant was also ordered to pay AAA civil indemnity, moral damages, and exemplary damages for each count.