A resident of Viga town who was convicted of multiple counts of sex offenses had his appeal junked recently by the Court of Appeals, which increased his imprisonment to a maximum 329 years.
In a decision rendered last May 20, 2025, the CA’s Third Division affirmed the guilty verdict of the Regional Trial Court on the 11 criminal cases filed against Delfin Tellerba, also known as Delfin Olfindo Tellerva.
However, it amended five of the six counts of lascivious conduct to rape as well as one count of acts of lasciviousness to rape, resulting to heavier penalties.
Previously, the Virac RTC found the accused guilty beyond reasonable doubt in Criminal Case Nos. 10736 and 10738 for acts of lasciviousness and sentenced him to suffer a total of 32 years, 10 months and 18 days as maximum and to pay a total of P300,000 in damages to the victim, AAA.
In Criminal Case Nos. 10737 and 10739, he was sentenced to another 32 years plus P300,000 in total damages.
In Criminal Case Nos. 10740 to 10746 for lascivious conduct, Tellerba got another 20 years for each count, or a total 140 years maximum, along with a fine of P150,000.00 and total damages of P1.575 million.
In her sworn affidavit dated Aug. 19, 2022, the victim narrated the repeated sexual abuse that she suffered at the hands of the accused for 11 years that began when she was just seven years old.
The first incident occurred sometime in April 2011 while she was playing with her friends outside their house one afternoon.
She said the accused called her, saying, “nhe harian moa ko ng uban.”
The minor complied but while she was removing white hairs from Tellerba’s head, he got up from the hammock and suddenly made her go inside the house where he touched her private parts and then removed both their shorts.
When she asked him why he was doing it, he answered, “mi ka maglibok ta maaraway yan dito.”
The accused did the same thing to her several days later at his house.
In June 2014, she went to the sari-sari store of the accused, who suddenly dragged her inside and tried to rape her.
A similar abuse was committed against her in August that same year when she bought something from his store, with the accused telling her it was just a game.
In September 2016 when she was 12, he went to the house of the victim while her parents were in the farm, closed the door and raped her.
The other cases of lascivious conducts and sexual assaults allegedly occurred on December 18, 2020, November 2021 when he gave her P1,000 after the crime, January 2022 (twice) after which he gave her P1,500, February 20, 2022, and March 18, 2022.
That February, she stated, the wife of the accused probably suspected her husband of sexually abusing the minor as one evening, while he was drunk, he told his wife to get her money from AAA.
It was after the last rape that she mustered enough courage to confide her ordeal to her cousin, who told her relatives.
Soon, she was advised to stay with her uncle and to bring the matter to the authorities.
In his counter-affidavit, Tellerba denied all her allegations and claimed that he was working at a fishpond in April 2011, went to Manila from 2014 to 2015, and suffered a stroke in 2017.
The RTC, however, have credence to AAA’s testimony where she clearly narrated what happened during every incident.
In filing his appeal, Tellerba said the court erred in believing the testimony of the victim which he claimed was not credible and found it incredible that she did not inform her parents about the alleged incidents of sexual abuse.
After examining the case files, the CA’s Third Division stated that all the elements of acts of lasciviousness and sexual assault were proven by the prosecution, as evidenced by the straightforward and clear testimony of the victim.
“Wala kaming nakikitang dahilan upang pagdudahan ang kaniyang panig,” said the decision written almost entirely in Filipino.
The appeals court affirmed the ruling of the RTC with respect to Criminal Case Nos. 10736, 10737 and 10739.
However, it disagreed with the lower court’s downgrading the charge of rape by carnal knowledge in Criminal Case No. 10738 to acts of lasciviousness.
The CA also corrected the RTC by disregarding its finding that only lascivious conduct was committed in the allegations concerning five other criminal charges.
“The accused should be found guilty of rape and not sexual abuse or lascivious conduct,” it stressed, noting that the prosecution was not able to prove that AAA was a child exploited in prostitution or other sexual abuse.
The appeals court pointed out that the victim did not have sexual intercourse with the accused for money and not did she do so because of coercion or influence by an adult or syndicate and never did she have her consent.
In brushing aside Tellerba’s alibis, it said that no evidence was presented by the accused that he could not have done the crimes charged, considering that the fishpond where he worked was located in the same barangay.
No proof or sworn affidavit of any witness was also submitted of his residing in Manila and neither did he submit a medical report of his alleged stroke, the CA noted.
It stated further that AAA’s failure to immediately report the incidents of sexual abuse does not diminish her credibility as a witness worthy of belief.
While the appeals court did not amend the penalties imposed by the RTC with regards to Criminal Cases 10736, 10737, 10739 and 10742, it upgraded the charge in six other cases to rape and sentenced Tellerba to suffer imprisonment of reclusion perpetua for each case and to pay the victim P225,000.00 in damages for each case.
In sum, the court meted Tellerba a maximum of 329 years, 15 months and 20 days in jail and ordered him to pay a total of P2.25 million in civil indemnity, exemplary damages and moral damages.