G.R. No. 190318, November 27, 2013.
People of the Philippines, Plaintiff-Appellee, vs. Roberto Velasco, Accused-Appellant.

FACTS

The accused-appellant, Roberto Velasco, was the live-in partner of the mother of the private complainant, “Lisa.” He was charged with three counts of rape under Article 266-A of the Revised Penal Code (Criminal Case Nos. 3580-M-2002, 3581-M-2002, and 145-M-2003) and one count of acts of lasciviousness (Criminal Case No. 3579-M-2002). The Informations alleged that on December 27, 28, and 29, 2001, in Malolos, Bulacan, Velasco, by means of force and intimidation, had carnal knowledge of his 14-year-old stepdaughter, Lisa, against her will. The acts of lasciviousness charge alleged that on December 21, 2002, Velasco kissed and touched Lisa’s private parts. The prosecution presented Lisa’s testimony and a medico-legal report (with the defense stipulating to its due execution), which stated Lisa was in a non-virgin state with hymenal lacerations. Lisa testified that Velasco raped her on three consecutive days in December 2001 at around 11:00 a.m. while they were alone in the house, each time threatening to kill her and her mother if she reported it. She also testified that on December 21, 2002, Velasco attempted to rape her while she slept, touching and kissing her private parts but desisting when she cried. The defense presented an alibi, claiming Velasco was at work as a mason with his nephew on the dates of the alleged rapes in 2001 and that the accusations were instigated by Lisa’s biological father. The Regional Trial Court found Velasco guilty on all counts, sentencing him to three counts of reclusion perpetua for rape and an indeterminate penalty for acts of lasciviousness. The Court of Appeals affirmed the convictions with modifications to the penalties and damages. Velasco appealed to the Supreme Court, assigning errors regarding his warrantless arrest and alleged violations of his rights under custodial investigation.

ISSUE

The core issue for resolution is whether the Court of Appeals correctly affirmed the conviction of the accused-appellant for three counts of rape and one count 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 any alleged defect in the warrantless arrest was waived when the accused-appellant entered his plea and participated in the trial without raising the issue. On the merits, the Court found the testimony of the victim, Lisa, to be credible, straightforward, and consistent. The defense of alibi was weak and could not prevail over her positive identification. The medico-legal findings, though not conclusive of rape, were consistent with her testimony. The Court affirmed the penalty of reclusion perpetua for each count of rape. It modified the awards of damages, increasing the civil indemnity, moral damages, and exemplary damages for each count of rape. For the crime of acts of lasciviousness, the Court affirmed the penalty imposed by the Court of Appeals and the awards of moral damages and civil indemnity.