GR 212205; (July, 2015) (Digest)
G.R. No. 212205 , July 6, 2015
People of the Philippines, Plaintiff-Appellee, vs. Obaldo Bandril y Tabling, Accused-Appellant.
FACTS
Accused-appellant Obaldo Bandril was charged with three counts of rape and one count of attempted rape against his 14-year-old daughter, AAA. The incidents occurred in Victoria, Oriental Mindoro: in March 2007 at 11:00 p.m. in their house; in June 2007 at 11:30 a.m. in a coconut plantation; and in October 2007 at 8:00 a.m. in a lanzones plantation. A fourth incident in June 2008 involved an attempted rape in their house. AAA revealed the rapes to her mother, BBB, only after a hilot discovered AAA was eight months pregnant. AAA later gave birth, and the child was given up for adoption. The Regional Trial Court convicted Bandril of three counts of rape and one count of acts of lasciviousness (for the attempted rape charge), sentencing him to reclusion perpetua without eligibility for parole for each rape and an indeterminate penalty for acts of lasciviousness, to be served successively, and ordering him to pay damages. The Court of Appeals affirmed the conviction with modifications to the damages. Bandril appealed, claiming the prosecution failed to prove his guilt beyond reasonable doubt.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of accused-appellant for three counts of rape and one count of acts of lasciviousness.
RULING
The Supreme Court dismissed the appeal and affirmed the Court of Appeals’ Decision. The Court held that the prosecution proved Bandril’s guilt beyond reasonable doubt. AAA’s testimony was credible, categorical, and consistent in detailing the rapes. Her testimony was corroborated by a medico-legal report showing healed hymenal lacerations and by her birth certificate proving her age and her relationship to Bandril as father and daughter. The qualifying circumstances of minority and relationship were duly established. Bandril’s denial could not prevail over AAA’s positive identification. Regarding the attempted rape charge, the Court agreed with the lower courts’ finding that his acts constituted acts of lasciviousness, as he undressed AAA but did not succeed in carnal knowledge. The Court affirmed the penalties and, following prevailing jurisprudence, sustained the modified awards of civil indemnity, moral damages, and exemplary damages for each count, with interest on all damages awarded at 6% per annum from the finality of the judgment until fully paid.