GR 233661; (November, 2019) (Digest)
G.R. No. 233661 , November 06, 2019
People of the Philippines, Plaintiff-Appellee, vs. XXX, Accused-Appellant.
FACTS
Separate Informations were filed against accused-appellant XXX for four counts of lascivious conduct under Republic Act No. 7610 and one count of rape committed against his daughter, AAA. The charges detailed specific incidents on January 6, 2005 (touching breasts), June 12, 2005 (touching private part and breast), August 20, 2005 (touching breast), February 28, 2007 (rape by sexual intercourse), and March 7, 2007 (touching breasts). AAA testified that these acts occurred in their home or a relative’s home, often accompanied by threats and, on one occasion, a payment of twenty pesos to ensure her silence. The rape incident on February 28, 2007, involved forcible sexual intercourse. The defense consisted of denial and alibi, claiming accused-appellant was working as a porter during the alleged incidents and that the family’s small living quarters made the acts impossible. The Regional Trial Court found accused-appellant guilty on all counts. The Court of Appeals affirmed the convictions with modifications to the penalties and damages. Accused-appellant appealed to the Supreme Court.
ISSUE
Whether the Court of Appeals erred in affirming accused-appellant’s convictions for four counts of lascivious conduct and one count of rape.
RULING
The Supreme Court denied the appeal and affirmed the convictions with modifications. The Court held that AAA’s testimony was credible, consistent, and sufficient to establish guilt beyond reasonable doubt. The defense of denial and alibi, uncorroborated and weak, could not prevail over the positive identification by the victim. For the rape conviction (Criminal Case No. 32-2007), the penalty of reclusion perpetua without eligibility for parole was affirmed. For the lascivious conduct convictions under RA 7610, the penalties were modified. Applying the Indeterminate Sentence Law, the minimum penalty was set within the range of prision mayor minimum (6 years and 1 day) to medium (8 years and 1 day to 10 years), and the maximum within reclusion temporal medium (14 years, 8 months and 1 day to 17 years and 4 months). The awards of civil indemnity, moral damages, and exemplary damages were also modified in accordance with prevailing jurisprudence.