Case Digest (G.R. No. 188897)
Facts:
People of the Philippines v. Ireno Bonaagua y Berce, G.R. No. 188897, June 06, 2011, Second Division, Peralta, J., writing for the Court.In four separate Informations filed by the Office of the City Prosecutor of Las Piñas City, Ireno Bonaagua y Berce (accused/appellant) was charged with four counts of rape under Paragraph 2, Article 266‑A of the Revised Penal Code (as amended by R.A. No. 8353) in relation to R.A. No. 7610 for acts allegedly committed against his minor daughter, referred to as AAA. The four Informations alleged insertion of tongue and finger into AAA’s genitalia on occasions spanning December 1998, December 1999, and December 2000; the victim’s alleged age was eight (8) for some incidents and ten (10) for others. The cases were consolidated and, upon arraignment, Ireno pleaded not guilty.
At trial the prosecution presented AAA, her mother, and Dr. Melissa De Leon; the defense presented only the accused’s testimony. AAA testified to multiple episodes of sexual assault by her father, including touching, licking of her genitalia, and insertion of a finger in some instances; she claimed fear because her father threatened to kill her mother. Dr. De Leon’s medico‑legal exam disclosed a healed superficial laceration at the 9 o’clock position of AAA’s hymen.
On August 6, 2007, the Regional Trial Court (RTC), Branch 254, Las Piñas City, convicted Ireno of four counts of rape and imposed reclusion perpetua for each count, with awards of civil indemnity and moral damages. Ireno appealed to the Court of Appeals (CA).
On March 31, 2009, the CA, in CA‑G.R. CR‑H.C. No. 03133, affirmed the RTC’s convictions but modified the penalties: in Criminal Case Nos. 03‑0254, 03‑0256 and 03‑0257 it imposed indeterminate penalties (prision mayor to reclusion temporal) and reduced some damages; in Criminal Case No. 03‑0255 the CA found the accused guilty only of Acts of Lasciviousness under Section 5(b), Article III of R.A. No. 7610...(Pro-only)
Issues:
- Was the conviction of Ireno Bonaagua y Berce for rape in Criminal Case Nos. 03‑0254, 03‑0256 and 03‑0257 supported by proof beyond reasonable doubt?
- Was the CA correct in finding him guilty only of Acts of Lasciviousness under Section 5(b), Article III of R.A. No. 7610 in Criminal Case No. 03‑0255, and were the penalties ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)