Case Digest (G.R. No. 135863)
Facts:
The case involves the accused-appellant Virgilio Lorica who was charged with the crime of rape against his own daughter, Elenita Lorica. Elenita testified that her father raped her on several occasions when she was only 13 years old. The prosecution failed to present Elenita's birth certificate or any other official document to prove her age. The only evidence presented was Elenita's testimony and a sworn statement from her mother, Felicidad Lorica, stating Elenita's date of birth. However, Felicidad Lorica never testified in court.
Issue:
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Ruling:
The court ruled in favor of the accused-appellant, Virgilio Lorica. The court held that the prosecution failed to establish the minority of the complainant, Elenita Lorica, with equal certainty and clearness as the crime itself. Therefore, the court reduced the penalty imposed by the trial court to reclusion perpetua (life imprisonment). Ho...(Unlock)
Ratio:
In cases where the victim is alleged to be a minor, it is essential to provide independent proof of the actual age of the rape victim in order to qualify the crime as rape under Republic Act 7659. The minority of the victim must be proved with equal certainty and clearness as the crime itself. In this case,...continue reading
Case Digest (G.R. No. 135863)
Facts:
The case involves the accused-appellant, Virgilio Lorica, who allegedly committed rape against his own daughter, Elenita P. Lorica. The incidents of rape started when Elenita was ten years old and continued even after the family moved to a different location. Elenita eventually reported the abuse to her sister and a friend, who then accompanied her to report the incident to the authorities. Elenita underwent a medical examination, which confirmed the presence of old hymenal tear. A formal complaint for rape was filed, and the accused-appellant was arrested and charged.
Issue:
The main issue raised in the case is whether the accused-appellant should be convicted of rape based on the evidence presented.
Ruling:
The court ruled in favor of the accused-appellant due to the prosecution's failure to provide sufficient evidence of the victim's age. The court reduced the penalty to reclusion perpetua and affirmed the award of civil indemnity, moral damages, and exemplary damages.
Ratio:
The court found the testimony of Elenita credible and detailed. She provided specific details of the assaults, including...