Title
People vs. Marmol y Bauso, Jr.
Case
G.R. No. 217379
Decision Date
Nov 23, 2016
Father convicted of raping 12-year-old daughter; penalties affirmed, damages increased. Supreme Court upheld credibility of minor’s testimony.

Case Summary (G.R. No. 173976)

Charges and Allegations

The appellant faced two counts of rape:

  1. Criminal Case No. C-70217 (Rape through Sexual Assault): This involved the unlawful and felonious sexual abuse of AAA, aged 12, on February 22, 2004.
  2. Criminal Case No. C-70859 (Qualified Rape): This charge specified that on February 9, 2004, the appellant forcibly had sexual intercourse with AAA against her will.

Proceedings and Evidence During Trial

After being arraigned and pleading not guilty, a joint trial commenced. The prosecution presented testimonies from AAA, her mother BBB, and medical experts regarding the physical examination of AAA, which confirmed signs of sexual abuse. Specifically, Dr. Mamerto Bernabe Jr.'s examination indicated that AAA was in a non-virgin state and had injuries consistent with sexual assault.

Victim’s Testimony and Corroboration

AAA testified about two separate incidents of sexual abuse by her father, detailing how he utilized threats and physical overpowering to prevent her from resisting. The testimony was corroborated by medical findings of lacerations and a subsequent pregnancy, which further supported the claims of forced sexual activity.

Appellant’s Defense

The appellant denied the charges, claiming he was not present at the crime scenes during the relevant dates. He alleged that the accusations were fabricated by BBB to coerce AAA into testifying against him.

Trial Court’s Findings

On May 15, 2012, the Regional Trial Court found the appellant guilty beyond reasonable doubt on both counts of rape. In Criminal Case No. C-70217, the appellant was sentenced to an indeterminate penalty of eight years of Prision Mayor to eighteen years of Reclusion Temporal, alongside monetary compensation to the victim. In Criminal Case No. C-70859, he received a sentence of Reclusion Perpetua.

Court of Appeals Decision

The Court of Appeals affirmed the trial court's decision but modified certain aspects, particularly the penalties and damages awarded to AAA. The appellate court decreased the indeterminate penalty's maximum term in the first case and stipulated specific amounts for civil indemnity, moral damages, and exemplary damages to be paid to the victim.

Legal Principles and Findings

The court relied on provisions of the Revised Penal Code regarding rape, specifically Article 266-A, which outlines the definitions and penalties associated with the crime. The elements needed for proving rape were carefully discussed, particularly with respect to the minor victim’s age and the relationship with the offender, which constituted aggravating circumstance

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