GR 218574; (November, 2017) (Digest)
G.R. No. 218574 November 22, 2017
People of the Philippines, Plaintiff-Appellee vs. Raul Macapagal y Manalo, Accused-Appellant
FACTS
Accused-appellant Raul Macapagal was charged with three counts of rape against his daughter, “BBB.” Criminal Case No. RTC-2003-0294 involved sexual assault by digital penetration in April 1998 when BBB was 11. Criminal Case No. RTC-2003-0295 involved sexual intercourse in March 1999 when she was 13. Criminal Case No. RTC-2003-0296 involved another act of sexual intercourse on March 30, 2003, when she was 16. The prosecution presented BBB’s detailed testimony and medico-legal findings showing old, healed hymenal lacerations consistent with sexual intercourse. The defense was denial and alibi, claiming the charges were fabricated by his wife’s relatives.
ISSUE
Whether the Court of Appeals correctly affirmed the conviction of the accused-appellant for the crimes charged.
RULING
Yes. The Supreme Court affirmed the conviction. The Court upheld the credibility of BBB’s testimony, which was categorical, consistent, and unwavering on material points. The defense of denial and alibi cannot prevail over the positive and credible testimony of the victim. For the rape through sexual assault (digital penetration) under Criminal Case No. 0294, the Court applied Article 266-A(2) of the Revised Penal Code, in relation to Section 5(b) of Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act). The act constituted child abuse through lascivious conduct, punishable under R.A. 7610. For the two counts of rape through sexual intercourse (Criminal Cases 0295 and 0296), the qualifying circumstance of the offender being the parent of a victim under eighteen was duly proven, warranting the penalty of reclusion perpetua. The Court modified the penalties: for the act under R.A. 7610, an indeterminate penalty; and for the two qualified rapes, reclusion perpetua without eligibility for parole, pursuant to R.A. 9346. The Court also affirmed the awards of civil indemnity, moral damages, and exemplary damages.