Facts:
On August 8, 2000,
People of the Philippines charged
Felix Morante with
violation of Section 5(b) of Republic Act No. 7610 and with
six counts of rape under
Article 266-A of the
Revised Penal Code, arising from sexual abuse committed against
AAA, the twelve-year-old daughter of his common-law wife (
BBB), whom Morante claimed as his stepdaughter. The
Section 5(b) RA 7610 charge (Criminal Case No. 2283-M-00) alleged that in
December 1999, taking advantage of AAA’s
minority and his
moral ascendancy and influence as common-law husband of BBB, Morante
fondled AAA’s breasts, kissed her, and took other unwarranted liberties, by means of
force and intimidation and with
lewd designs. The
rape charges (Criminal Case Nos. 2277-M-00 to 2282-M-00) uniformly alleged that on or about the
tenth day of January 2000 through the
fifteenth day of January 2000, Morante, by
force, violence, and intimidation and with
lewd designs, had
carnal knowledge of AAA against her will and consent. Upon arraignment, Morante entered a
plea of not guilty, and after pre-trial the cases were
consolidated and tried. At trial, the prosecution presented
AAA, who testified that appellant lived with her, her mother BBB, and siblings in a one-storey house. She stated that in the
midnight of December 1999, while her mother and siblings were nearby, she was awakened by Morante’s heavy weight on top of her; she awoke to find him kissing her and feeling her up, after which he removed his clothing and had carnal knowledge of her. She narrated that she could not alert her mother because she feared Morante might kill them, and that the assaults were repeated on
six other occasions from
January 10 to January 15, 2000, during which Morante threatened to kill her if she made any noise or reported the incidents. On cross-examination, AAA testified that during January 10 to January 15 she lived with her aunt in Masuso, Calumpit, Bulacan, and slept beside her aunt; she also said she woke up early morning the following day. On redirect, AAA clarified that she and her mother lived in the same house as her aunt and her children, together with Morante, and maintained that Morante raped her despite the close quarters and the presence of others. The medical evidence came from
Dr. Ivan Richard Viray, who testified that he found healed lacerations at specified positions on AAA’s body and
deep lacerations at other positions, showing that AAA was in a
non-virgin state, with probable timing of lacerations that could be more than one week, month, or year, and that the lacerations could have been caused by the insertion of a hard object or an erected penis. Morante denied the charges and presented himself and his daughter
Nora Morante. He alleged that AAA, BBB, and CCC had ill feelings against him due to an alleged fight connected to salary, and claimed it was impossible for him to have abused AAA because AAA worked as a helper in Bocaue, Bulacan for four months starting January 13, 2000. Nora testified that on
January 10 and 11, 2000, AAA was at her employer’s house in Bocaue, Bulacan. After trial, the
Regional Trial Court (RTC), Branch 13, Malolos, Bulacan convicted Morante on
April 20, 2007, finding that AAA’s testimony was consistent in material respects and supported by medical findings, and ruling that Morante’s denial and defenses were insufficient to overcome
positive identification. It sentenced Morante in Criminal Case No. 2283-M-00 for
violation of Section 5(b) of RA 7610 with an indeterminate penalty of
ten (10) years of prision mayor as minimum to fifteen (15) years of reclusion temporal as maximum, and sentenced him to
reclusion perpetua on each of the six rape counts, with civil indemnity of
P50,000.00 for each count (totaling
P350,000.00). On
November 6, 2008, the
Court of Appeals affirmed the convictions but
modified the penalty and damages, increasing the maximum penalty in the RA 7610 case and increasing civil indemnity to
P75,000.00 per rape count, and awarding moral and exemplary damages. Morante appealed to the Supreme Court, contending primarily that his guilt was not proven beyond reasonable doubt due to alleged inconsistencies in AAA’s testimony.
Issues:
Whether
Felix Morante was proven guilty beyond reasonable doubt of
violation of Section 5(b) of Republic Act No. 7610 and
six counts of rape, despite alleged inconsistencies in
AAA’s testimony.
Ruling:
Ratio:
Doctrine: