Case Digest (G.R. No. 136726)
Facts:
People of the Philippines v. Obaldo Bandril y Tabling, G.R. No. 212205, July 06, 2015, Supreme Court Third Division, Villarama, Jr., J., writing for the Court.The prosecution charged appellant Obaldo Bandril y Tabling (accused-appellant) with three counts of rape (Crim. Case Nos. CR-08-9204, CR-08-9205, CR-08-9206) and one count of attempted rape (later treated as acts of lasciviousness, Crim. Case No. CR-08-9207) for sexual assaults committed against his daughter, referred to as AAA (victim), who was then 14 years old. The Informations allege separate incidents occurring in March 2007, June 2007, and October 2007, and an attempted assault in June 2008; each Information also pleads the qualifying circumstance of relationship (father-daughter) and the victim’s minority.
The factual narrative at trial was that in March 2007 appellant removed AAA’s clothes, mounted her and inserted his penis into her vagina; in June 2007 and October 2007 he again undressed and had sexual intercourse with her in plantation settings; and in 2008 he undressed her and attempted sexual assault but was unable to complete penetration. AAA did not immediately report the assaults out of fear; months later her mother noticed a pregnancy, AAA disclosed the rapes, and gave birth to a boy who was given up for adoption. Appellant denied the charges, claiming instigation by others.
The Regional Trial Court (RTC), Oriental Mindoro, Branch 39, rendered a Decision dated December 6, 2011, finding appellant guilty of three counts of rape and one count of acts of lasciviousness. The RTC sentenced him to three successive terms of reclusion perpetua without eligibility for parole for the rapes, awarded specified civil indemnity, moral and exemplary damages for each rape count, and imposed a term of imprisonment and damages for the acts of lasciviousness; the RTC relied on AAA’s categorical testimony, a medico-legal report of healed hymenal lacerations, and AAA’s birth certificate proving her age and relationship to appellant.
Appellant appealed to the Court of Appeals (CA). In a Decision dated September 24, 2013, the CA dismissed the appeal and affirmed the RTC’s convictions but modified the exemplary damages in the three rape cases (increasi...(Subscriber-Only)
Issues:
- Did the courts below err in accrediting the victim’s testimony and thereby in convicting appellant (procedural/credibility issue)?
- Did the evidence establish the elements of rape and acts of lasciviousness, and were the penalties and damages imposed proper (s...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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