A.C. No. 12826 - Adan vs. Tacorda

Guillermo Lomaque was charged under separate Informations for thirteen (13) counts of Rape by Sexual Intercourse allegedly committed against his stepdaughter “AAA” during various dates from September 1996 to June 1999.
The accused was also charged with one count of Acts of Lasciviousness committed on May 8, 1993.
The rape charges involved specific allegations of force, intimidation, and sexual penetration against a minor “AAA,” who was under 18 years old at the time of the offenses.

Each Information described the acts of sexual assault with similar language but detailed different dates of alleged commission.
The Acts of Lasciviousness Information particularly charged appellant with touching and inserting his finger inside the victim’s vagina when she was 8 years old, constituting a violation of RA 7610.

Appellant pleaded not guilty. Only the minor status of the victim was stipulated before trial began.
The joint trial ensued with the victim “AAA,” the prosecution witnesses, and the appellant’s defense presented.

Victim “AAA” testified that the first molestation occurred on May 8, 1993, when appellant engaged in lascivious conduct on her person.
Over the years 1996-1999, appellant repeatedly raped and sexually abused “AAA” using force, threats, and intimidation, including threats to kill her and her mother if she reported the incidents.
“AAA” became pregnant as a result of repeated incidents of rape and with the help of social workers and Bantay-Bata 163, she filed charges.
A medico-legal examination conducted by Dr. Jaime Rodrigo Leal confirmed physical evidence consistent with sexual abuse and delivery of a child.

Appellant denied all charges asserting an alibi supported by plane tickets showing his travel out of the country during the alleged dates of offenses.
He claimed he was a biomedical technician frequently deployed to repair hospital equipment and supported his alibi with travel documents dating mostly to 1994.
He also testified that other family members lived with them, implying improbability of commission of the crimes.

The Regional Trial Court found the victim’s testimony credible and rejected the defense of denial and alibi.
The appellant was found guilty of seven counts of rape by sexual intercourse, one count of rape by sexual assault, and one count of Acts of Lasciviousness.
He was sentenced to reclusion perpetua and other penalties including civil indemnity, moral damages, and costs.

Appellant challenged the RTC judgment on grounds of witness credibility and insufficiency of evidence.
The Court of Appeals affirmed the RTC Decision, holding that the victim’s testimony was credible and appellant’s defenses unpersuasive.
The CA also discussed the penalty and qualification of the rape charges, initially affirming sentences up to death penalty (before abolition).

Supreme Court review focused on the sufficiency of evidence, credibility of the victim, and whether the qualifying circumstance of relationship between victim and appellant was proven.
The Court required supplemental briefs and considered the parties’ submissions accordingly.

Whether the prosecution proved beyond reasonable doubt appellant’s guilt for seven counts of rape by sexual intercourse, one count of rape by sexual assault, and one count of Acts of Lasciviousness.
Whether the special qualifying circumstance of relationship (stepfather-stepdaughter) was established to elevate the rape charges to qualified rape under Article 266-B of the Revised Penal Code.
Whether the penalty and damage awards imposed were proper under the law, considering the absence of proof of the step-relationship and the effect of RA 9346 (abolishing death penalty).