G.R. No. 208354, August 26, 2015
People of the Philippines, Plaintiff-Appellee, vs. Ricardo Bacus, Accused-Appellant.

FACTS

Accused-appellant Ricardo Bacus was charged with two counts of Rape under Article 266-A of the Revised Penal Code, as amended by R.A. No. 8353, in relation to R.A. No. 7610, committed against his daughter, AAA. The first incident allegedly occurred in March 2004, and the second on December 30, 2004. During trial, AAA testified that in March 2004, her drunken father fetched her from her grandmother’s house. While walking home, he forced her to rest in a secluded area, threatened her with a bolo, undressed her, and had carnal knowledge against her will. She did not immediately report the incident due to fear. On December 30, 2004, her drunken father forced her to accompany him, stopped near a mango tree, undressed her, and touched her vagina. The following day, after being confronted by her mother BBB, AAA disclosed both incidents. The prosecution also presented Social Welfare Officer Brenda Gabato and medico-legal officer Dr. Liwayway Reyes, whose examination indicated sexual abuse. The defense presented Bacus, who denied the accusations, claiming he was working during the March incident and merely brought AAA to a neighbor’s house in December. The Regional Trial Court convicted Bacus of Rape for the March 2004 incident and Acts of Lasciviousness for the December 2004 incident. The Court of Appeals affirmed the decision.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of accused-appellant Ricardo Bacus for Rape and 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 the prosecution proved the guilt of the accused beyond reasonable doubt. AAA’s testimony was found credible, straightforward, and consistent with human nature and experience. The Court emphasized that testimonies of child-victims of rape are given full weight and credit. The alleged inconsistencies in AAA’s testimony were minor and did not affect her credibility. The defense of denial could not prevail over the positive identification and categorical testimony of the victim. The Court modified the penalties and damages: for the crime of Rape (Criminal Case No. CBU-72272), accused-appellant is sentenced to reclusion perpetua and ordered to pay AAA P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages. For the crime of Acts of Lasciviousness (Criminal Case No. CBU-72273), accused-appellant is sentenced to an indeterminate penalty of six months of arresto mayor, as minimum, to six years of prision correccional, as maximum, and ordered to pay AAA P20,000.00 as civil indemnity, P20,000.00 as moral damages, and P20,000.00 as exemplary damages. All damages shall earn legal interest at 6% per annum from the finality of the decision until fully paid.