Case Summary (G.R. No. 190318)
Background of Charges
Roberto Velasco faced multiple charges consisting of three counts of rape and one count of acts of lasciviousness. The alleged offenses were based on the accusations made by his stepdaughter, referred to as Lisa, who was a minor at the time of the incidents. The charges were filed under the Revised Penal Code, particularly Article 266-A concerning rape and Article 336 concerning acts of lasciviousness.
Details of Allegations
The Information in Criminal Cases outlined that, on three occasions—December 27, 28, and 29, 2001—Velasco allegedly raped his minor stepdaughter through force and intimidation while they were alone at their residence in Malolos, Bulacan. In a separate incident on December 21, 2002, he was accused of committing acts of lasciviousness, which involved inappropriate touching against her will. The reported incidents occurred while the mother and brother of Lisa were absent from the house.
Trial Proceedings and Verdicts
Velasco was arraigned and pleaded not guilty to all charges. During the trial, the prosecution presented Lisa’s testimony alongside a medico-legal report affirming her non-virgin state as evidence of sexual assault. Conversely, the defense argued that Velasco had been at work during the times of the alleged incidents and contended that the accusations were fabricated due to familial conflict.
Court of First Instance Findings
The Regional Trial Court found Velasco guilty beyond reasonable doubt and sentenced him to reclusion perpetua for each of the three counts of rape and imposed a prison term for the acts of lasciviousness. It also mandated him to pay damages to the victim.
Appeal to the Court of Appeals
Velasco's conviction was challenged before the Court of Appeals, which affirmed the lower court's decision but modified the penalties regarding civil indemnities and damages awarded to Lisa. The appellate court underscored the credibility of Lisa’s testimony while also addressing the legal nuances surrounding the qualifications needed for the imposition of penalties.
Grounds for Appeal
Velasco raised several arguments on appeal, primarily questioning the legitimacy of his arrest, asserting a violation of his rights under Republic Act No. 7438, and challenging the credibility of the victim's testimony. He further claimed that the prosecution failed to establish his guilt beyond reasonable doubt.
Assessment of Arrest and Procedural Validity
The Supreme Court ruled that the irregularities in Velasco’s warrantless arrest, raised after his plea, did not invalidate the subsequent trial and judgment. It emphasized that challenges to an arrest must be made prior to entering a plea, otherwise, such objections are considered waived.
Evaluation of Testimonies and Evidence
The Court maintained that the victim’s testimony alone could suffice for a rape conviction when credible, as established
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Case Overview
- The case involves an appeal from the Decision dated August 25, 2009, of the Court of Appeals in CA-G.R. CR.-H.C. No. 03315.
- The appeal relates to the conviction of Roberto Velasco for three counts of rape and one count of acts of lasciviousness against his stepdaughter, referred to as Lisa.
- The Regional Trial Court (RTC) of Malolos, Bulacan, initially convicted Velasco on March 5, 2008, sentencing him to reclusion perpetua for each count of rape and a prison term for acts of lasciviousness.
Charges and Allegations
Rape Charges:
- In Criminal Cases No. 3580-M-2002, 3581-M-2002, and 145-M-2003, Velasco was accused of raping Lisa, a minor aged 14 years, on three separate occasions in December 2001.
- Each charge specified that he used force and intimidation to have carnal knowledge of Lisa against her will.
Acts of Lasciviousness Charge:
- In Criminal Case No. 3579-M-2002, Velasco was charged with acts of lasciviousness for kissing and touching Lisa's private parts on December 21, 2002, again using force and moral ascendancy.
Trial Proceedings
- Velasco pleaded not guilty to all charges during arraignment.
- The prosecution presented Lisa and Dr. Ivan Richard Viray, the medico-legal officer, while the defense included Velasco and his nephew, Roderick Palconet.
- Lisa testified about the incidents, detailing the threats made by Velasco and the circumstances surrounding each act of sexual vio