G.R. No. 217379. November 23, 2016.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDUARDO MARMOL Y BAUSO, JR., ACCUSED-APPELLANT.

FACTS

The accused-appellant, Eduardo Marmol y Bauso, Jr., was charged with two counts of rape against his 12-year-old daughter, AAA. In Criminal Case No. C-70859, for qualified rape, it was alleged that on February 9, 2004, he had carnal knowledge of AAA in their home, threatening to kill her mother if she reported the act. In Criminal Case No. C-70217, for rape through sexual assault, it was alleged that on February 22, 2004, he inserted his finger into AAA’s genitalia while she slept beside her mother. The victim’s mother, BBB, awoke and discovered the act. A medico-legal examination confirmed AAA’s non-virgin state, with a healed hymenal laceration consistent with penetration, and AAA later gave birth to a child.
The accused-appellant denied the charges, presenting an alibi for February 9 and claiming the accusations were fabricated after a family dispute. The Regional Trial Court convicted him of both charges, imposing reclusion perpetua for qualified rape and an indeterminate penalty for sexual assault. The Court of Appeals affirmed the convictions with modifications to the penalties and damages.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused-appellant for the crimes of qualified rape and rape through sexual assault beyond reasonable doubt.

RULING

The Supreme Court affirmed the convictions. The Court emphasized that the credibility of the victim’s testimony is paramount in rape cases. AAA’s clear, consistent, and candid narration of the traumatic events, corroborated by her mother’s testimony and the medico-legal findings, constituted proof beyond reasonable doubt. The Court found no ill motive for AAA to falsely accuse her own father of such a grave crime. The defense of denial and alibi, inherently weak and unsupported by clear evidence, could not prevail over the positive identification and credible testimony of the victim.
Regarding the crimes, the Court sustained the finding of qualified rape under Article 266-A(1)(d) of the Revised Penal Code, as the carnal knowledge was committed by a parent against a child under twelve years of age, warranting the penalty of reclusion perpetua without eligibility for parole. For the act of inserting his finger, the Court upheld the conviction for rape through sexual assault under Article 266-A(2). The Court modified the awarded damages in line with prevailing jurisprudence, awarding civil indemnity, moral damages, and exemplary damages for each count, with interest on all damages from the finality of judgment until fully paid.