G.R. No. 190318 - People vs. Velasco

The case involves the People of the Philippines versus Roberto Velasco, who was charged with three counts of rape and one count of acts of lasciviousness.
The charges were filed under distinct criminal cases: Criminal Cases Nos. 3580-M-2002, 3581-M-2002, and 145-M-2003 (rape) and Criminal Case No. 3579-M-2002 (acts of lasciviousness).
The incidents involved allegations that Velasco, the live-in partner of the victim’s mother, used his influence and threatened the minor victim, identified as [Lisa], during incidents spanning December 2001 and December 2002.

On December 27, 2001, Velasco allegedly raped his stepdaughter [Lisa] at around 11:00 a.m. while she was watching television in the sala.
On December 28, 2001, a similar act was committed in the same municipality when Velasco again removed his and the victim’s garments before assaulting her.
On December 29, 2001, a third incident of rape occurred under similar circumstances with the victim being alone with Velasco after other family members had left the house.

On December 21, 2002, Velasco was alleged to have attempted an unauthorized sexual assault by kissing and touching [Lisa]’s private parts while she was asleep.
This act was characterized by the use of force and intimidation and was distinguished from the rape incidents by its particular circumstances and the degree of physical penetration.

The Regional Trial Court of Malolos, Bulacan, Branch 13 found Velasco guilty beyond reasonable doubt on all counts—three for rape and one for acts of lasciviousness.
The evidentiary record included the testimony of the victim, a medico-legal report by Dr. Richard Ivan Viray, and other corroborative evidence.
The victim’s testimony was recounted in detail including her description of the repeated assaults, the physical evidence (healed hymenal lacerations), and the threats employed by Velasco.

Velasco presented an alibi stating that he was working as a mason at a construction site in Barangay Caingin, Malolos, during the time of the alleged acts.
His nephew, Roderick Palconet, was offered as a corroborating witness, although his testimony was later critiqued for lack of disinterestedness and proximity to Velasco.

Subsequent to pre-trial, the various criminal cases were consolidated, and joint hearings were conducted, leading to a unified decision on the merits.
The trial court imposed reclusion perpetua for each rape count and an indeterminate prison term for the charge of acts of lasciviousness, along with award of damages to the victim.

Allegation that his warrantless arrest was illegal and that his rights under Republic Act No. 7438 were violated.
Contentions regarding the probative value and credibility of the victim’s testimony.
Disputes that the evidence was insufficient to prove his guilt beyond reasonable doubt.

The Court of Appeals affirmed the trial court’s decision with modifications, which included adjustments in the amounts of exemplary and moral damages awarded.
A correction was noted regarding the misattribution of criminal case numbers corresponding to the specific charges.

Whether Velasco’s warrantless arrest was conducted in accordance with the law or if it violated his rights under Republic Act No. 7438.
Whether the defense sufficiently raised the issue of the arrest’s irregularity in a timely manner prior to his arraignment, given established jurisprudence on waiver of such objections.

Whether the victim’s testimony, despite alleged inconsistencies and delays in reporting, was credible, convincing, and consistent with typical human behavior under trauma.
Whether the medical evidence supporting the physical findings (e.g., healed hymenal lacerations and non-virgin state) was essential or determinative in establishing the occurrence of rape.
Whether the defense’s alibi, corroborated by a close relative, carried sufficient weight or was undermined by issues of its credibility and disinterest.
Whether any discrepancies in the victim’s account were substantial enough to create reasonable doubt regarding Velasco’s guilt.