Case Digest (G.R. No. 139346-50)
Facts:
People of the Philippines v. Jose Abadies y Claveria, G.R. Nos. 139346-50, July 11, 2002, the Supreme Court Third Division, Puno, J., writing for the Court.Accused-appellant Jose Abadies was charged in five separate informations for acts of lasciviousness under Republic Act No. 7610 for incidents allegedly committed against his then 17‑year‑old daughter, Rosalie Abadies y Manunghaya, on July 1, 2, 3, 7 and 26, 1997. The informations identically alleged that, actuated by lewd design, the accused willfully and feloniously touched and mashed the complainant’s breasts and private parts by force and intimidation. During arraignment the accused pleaded not guilty; trial followed.
The Regional Trial Court (RTC) of San Pedro, Laguna, Branch 93, dismissed one of the five cases (Criminal Case No. 0657‑SPL) by order dated July 16, 1998 for lack of territorial jurisdiction (the incident alleged in that information occurred in Las Piñas). After trial the RTC rendered judgment on May 26, 1999 in Criminal Case Nos. 0658‑SPL to 0661‑SPL finding the accused guilty beyond reasonable doubt of four counts of violation of R.A. No. 7610 (acts of lasciviousness penalized under Section 5(b), Article III and Section 31, Article XII) and sentencing him to suffer reclusion perpetua and to pay a fine of P30,000 for each count.
At trial the complainant testified to repeated early‑morning episodes in which her father awakened her by touching her breasts and private parts, sometimes straddling her and inserting his hand into her shorts; the assaults ceased only when her mother returned from buying bread. On July 26, 1997 an episode in Las Piñas culminated in the complainant fleeing home and reporting the abuse to her mother and the barangay, leading to the accused’s arrest. The accused offered a general denial and an alibi (that he woke later and was elsewhere preparing for work) and testified that he disciplined his children physically when they disobeyed. From detention the accused sent the complainant a letter asking for forgiveness.
On appeal to the Supreme Court (challenging credibility findings, the import of the forgiveness letter, and an alleged implied pardon), the prosecution relied on the complainant’s consistent, straightforward testimony and documentary evidence of the parent‑child relationship; the defense stressed inconsist...(Subscriber-Only)
Issues:
- Did the prosecution prove the elements of acts of lasciviousness beyond reasonable doubt and did the trial court properly credit the complainant’s testimony?
- Does the letter written by accused‑appellant from detention constitute an implied admission of guilt?
- Does the complainant’s prior failure to report the earlier incidents amount to an implied pardon that bars prosecution under Article 344 of the Revised Penal Code?
- Were the penalties imposed—reclusion perpetua and a P30,000 fine per count—proper given the parent‑chil...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)