G.R. No. 199096 , June 2, 2014.
PEOPLE OF THE PHILIPPINES, Appellee, vs. FRED TRAIGO, Appellant.

FACTS

The appellant, Fred Traigo, was convicted by the Regional Trial Court (RTC) of Taguig City of rape (Criminal Case No. 133721) and qualified rape (Criminal Case No. 133722) committed against AAA in March 2006 and September 2004, respectively. The RTC found AAA’s testimony credible, corroborated by a medico-legal report showing deep-healed hymenal lacerations. The RTC sentenced him to reclusion perpetua for each crime and awarded damages. The Court of Appeals affirmed the RTC decision. The appellant appealed, arguing the rape was impossible as AAA’s sisters were sleeping in the same room.

ISSUE

Whether the Court of Appeals erred in affirming the appellant’s conviction for rape and qualified rape.

RULING

The Supreme Court denied the appeal but modified the conviction and penalties. It upheld the factual findings and credibility assessments of the lower courts, noting AAA’s testimony was straightforward, corroborated by medical evidence, and the appellant failed to impute any improper motive. The Court rejected the defense of impossibility, stating rape can be committed even in the presence of others. The Court modified the conviction in Criminal Case No. 133721 from simple rape to qualified rape, as the evidence showed AAA was 12 years old in March 2006 and the appellant was the common-law spouse of AAA’s mother. Due to Republic Act No. 9346 , the death penalty could not be imposed; instead, reclusion perpetua without eligibility for parole was imposed for both qualified rape convictions. The awarded moral damages were increased from ₱50,000.00 to ₱75,000.00 for each case. The CA decision was affirmed with these modifications.