Case Digest (G.R. No. 179001)
Facts:
In People of the Philippines vs. Heracleo Abello y Fortada (G.R. No. 151952, March 25, 2009), the appellant, Heracleo Abello, was charged by three Informations dated July 8, 1998 in RTC Branch 170, Malabon City, for (1) violation of paragraph 2, Article 266-A of the Revised Penal Code, as amended by R.A. 8353 (rape by sexual assault), and (2) two counts of sexual abuse under Section 5, Article III of R.A. 7610 (Child Abuse Law). The victim, AAA, twenty-one years old and afflicted with polio since infancy, accused her stepfather of fondling her breasts on June 30 and July 2, 1998, while she slept, and of inserting his penis into her mouth on July 8, 1998, in their house in Navotas, Metro Manila. Abello pleaded not guilty. The RTC found AAA’s testimony positive, direct, and categorical, rejecting his denial as contrary to human experience, and convicted him on all counts. It imposed an indeterminate penalty of prision mayor (7 years minimum to 13 years maximum) for rape and prisioCase Digest (G.R. No. 179001)
Facts:
- Parties and Charges
- The People of the Philippines filed three Informations on July 8, 1998 against Heracleo Abello y Fortada (“Abello”).
- Criminal Case No. 19623-MN charged rape by sexual assault under Article 266-A, RPC; Nos. 19624-MN and 19625-MN charged sexual abuse under RA 7610.
- Background and Alleged Acts
- Victim AAA, age 21, polio-affected since infancy, lived with her mother and stepfather Abello in Navotas, Metro Manila.
- On June 30 and July 2, 1998 at around 4:00 a.m. and 3:00 a.m., Abello allegedly fondled AAA’s breasts while she slept.
- On July 8, 1998 at about 2:00 a.m., Abello allegedly inserted his penis into AAA’s mouth, waking her when he knelt on her hand.
- Procedural History
- RTC Branch 170, Malabon City, found Abello guilty: prision mayor (min.) to reclusion temporal (max.) for rape; prision correctional (min.) to prision mayor (max.) for two counts of sexual abuse.
- CA (Second Division), January 3, 2002, affirmed with modifications: imposed higher penalties for rape, reclusion perpetua for sexual abuse, and awarded P50,000 moral damages.
Issues:
- Errors Alleged by Appellant
- Whether the RTC erred in convicting under Article 266-A (rape by sexual assault).
- Whether the RTC erred in convicting under Section 5, Article III of RA 7610 (sexual abuse).
- Appellant’s Contentions
- Step-father–step-daughter relationship and mother’s presence made the acts impossible.
- Victim was asleep and might have dreamt the incidents.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)