A resident of Baras, who was found guilty of statutory rape for sexually abusing his five-yea-old step granddaughter in 2021, lost his bid to overturn his conviction recently at the Court of Appeals.
The accused, whose name was not revealed, had been sentenced to reclusion perpetua without possibility of parole by the Regional Trial Court Branch 43 in Virac, which likewise ordered him to pay the victim a total of P300,000 as civil indemnity, moral and exemplary damages.
Information filed before the Court stated that at around 8:50 AM of July 24, 2020, the accused had carnal knowledge of the minor victim against her will and without her consent inside their house, while victim’s mother was working as a stay-in house helper.
During the trial, then Presiding Judge Lelu Contreras ordered the victim, along with her mother and the Women and Child Protection Desk Officer to proceed to the court playhouse as the victim found it difficult to answer the counsels’ questions.
There, the victim managed to demonstrate what happened to her using anatomically correct dolls
Her mother also testified that she learned of the incident on that same day when the barangay captain visited her at her employer’s house.
At the barangay hall where she stayed for the night, she noticed that her child was unable to pee as her sexual organ was painful. She took her to the hospital where the doctor told her that the child had been raped.
On the other hand, the victim’s aunt told the Court that while she was selling “lato” in front of the accused’s house, she heard the child whimpering from pain.
She peeked at the door and saw that the child and the accused were raising their shorts.
After a while, she heard the child whimpering again, peeked through the door and saw her wiping her buttocks. She tried to call the child but the latter ignored her.
Afterwards, the aunt heard her whimpering, this time loudly, and peeked from the window of the sala. She was shocked by the sight of the accused sexually abusing his granddaughter while the latter was trying to break free.
The witness left hurriedly and informed a neighbor, who fetched the child from the house and brought her to the police station.
Medico-legal examination found redness at her external genitalia but no lacerations.
For the defense, the accused did not testify but a daughter insisted that it was impossible for her father to commit the crime because he is old and weak.
In affirming the RTC verdict, the appeals court said that all the elements required to sustain a conviction for statutory rape were established beyond reasonable doubt by the prosecution.
Carnal knowledge was sufficiently proven by the victim’s categorical testimony which was corroborated by the “lato” vendor’s eyewitness account and the medical findings.
The accused-appellant’s attempt to discredit the victim’s testimony by arguing that she was coached by her mother left the CA unconvinced.
“After examining the testimony of the child, We find that it was neither made up nor coached,” the Court said.
While it noted that the questions propounded to the victim were leading or suggestive of the answer and not allowed as a rule, it said that the rules provide for exceptions when the witness is a child of tender years.
On the inconsistencies in the eyewitness testimony alleged by the accused, the appeals court found nothing unbelievable with her narration of events.
The witness’ failure to rescue the child from his clutches should not be taken against her, it stressed, as she had consistently averred that she was overtaken by panic from what she witnessed.
“In light of the victim’s positive and credible testimony, accused appellant’s bare denial must fail,” the CA emphasized, pointing out that not a shred of competent proof was presented by the accused-appellant to corroborate his denial “as they are only supported by his self-serving testimony which does not merit any
evidentiary value.”