Case Digest (G.R. No. 89762)
Facts:
In People v. Bonaagua y Berce, G.R. No. 188897 decided on June 6, 2011 under the 1987 Constitution, the appellant, Ireno Bonaagua y Berce, was charged in four consolidated Informations filed by the City Prosecutor of Las Piñas City with multiple counts of Statutory Rape under Article 266-A(2) of the Revised Penal Code, as amended, in relation to Republic Act No. 7610, for inserting his tongue and finger into the genital of his daughter, “AAA,” who was eight years old in December 1998 and ten years old in December 2000. The incidents allegedly occurred in Las Piñas City and Candelaria, Quezon, during Christmas visits by AAA and her mother to appellant’s residence. AAA testified to repeated assaults, including threats that her mother would be killed if she reported the crime. A medical examination by Dr. Melissa De Leon revealed a healed superficial laceration on AAA’s hymen. The Regional Trial Court of Las Piñas City, Branch 254, found appellant guilty beyond reasonable doubt ofCase Digest (G.R. No. 89762)
Facts:
- Procedural Antecedents
- The Office of the City Prosecutor of Las Piñas City filed four separate Informations (Criminal Cases Nos. 03-0254 to 03-0257) charging Ireno Bonaagua y Berce with statutory rape under Paragraph 2, Article 266-A, RPC, as amended by R.A. 7610, for inserting his tongue and finger into the genital of his minor daughter, AAA, aged 8 to 10.
- The cases were consolidated. Upon arraignment, the accused pleaded not guilty. Trial ensued before the RTC, which convicted him of four counts of rape and sentenced him to reclusion perpetua with P50,000 civil indemnity and P50,000 moral damages per count.
- Evidence for the Prosecution
- Victim’s Testimony (AAA)
- Recounted five separate assaults committed by her father in December 1998, 1999, and twice in December 2000, involving forced removal of clothing, fondling of breasts, cunnilingus, and digital penetration.
- Refrained from reporting due to threats against her mother’s life.
- Medical Findings
- Dr. Melissa De Leon’s examination revealed a healed superficial laceration at the 9 o’clock position of the hymen.
- She explained that a thick, firm hymen may sustain only one laceration despite repeated digital penetration.
- Evidence for the Defense
- Denial and Alibi
- The accused claimed he was working in Las Piñas while AAA and her family were in Quezon at the time of the alleged rapes.
- Admitted occasional visits by AAA and her mother, who left the same day after receiving money.
- Alleged Fabrication
- Ascribed the charges to AAA’s mother, who purportedly fabricated the rape allegations due to suspicions of the accused’s extramarital affair.
- Offered an Affidavit of Desistance executed later, abandoning interest in pursuing the case.
Issues:
- Whether the prosecution proved the guilt of the accused beyond reasonable doubt for statutory rape under Paragraph 2, Article 266-A, RPC, as amended.
- Whether the Court of Appeals correctly modified the RTC’s decision by:
- Affirming rape convictions in three cases with adjusted penalties and damages.
- Finding the accused guilty only of acts of lasciviousness under Section 5(b), R.A. 7610, in one case.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)