G.R. No. 215331 - PEOPLE OF THE PHILIPPINES, VS. LUDIGARIO BELEN Y MARASIGAN, ACCUSED-.

Ruling

WHEREFORE, judgment is hereby rendered as follows: 1. In Criminal Case No. 9563, accused Ludigario Belen y Marasigan is hereby found GUILTY beyond reasonable doubt of the crime of Simple Rape and sentencing him to suffer the penalty of Reclusion Perpetua and to pay the victim the amount of Php50,000.00 as civil indemnity, Php50,000.00 as moral damages and Php25,000.00 as exemplary damages. 2. In Criminal Case No. 9564, accused Ludigario Belen y Marasigan is hereby found GUILTY beyond reasonable doubt of the crime of Simple Rape and sentencing him to suffer the penalty of Reclusion Perpetua and to pay the victim the amount of Php50,000.00 as civil indemnity, Php50,000.00 as moral damages and Php25,000.00 as exemplary damages. No pronouncement as to cost. Accused Ludigario Belen y Marasigan is to be credited for the time spent for his preventive detention in accordance with Art. 29 of the Revised Penal Code as amended by RA 6127 and EO 214. Accused Ludigario Belen y Marasigan is hereby ordered committed to the National Bilibid Prisons in Muntinlupa City for service of sentence. [30] The RTC found that AAA gave a detailed recount of her sexual ordeal in a candid and straightforward manner; that the medico-legal report stating a deep healed laceration at 6 o'clock position with conclusion that "genital examination reveals remote history of blunt force or penetrating coma" clearly bolstered AAA's allegation that appellant sexually molested her in her younger years. The RTC, however, did not find the two rape incidents as qualified rape even if AAA's birth certificate was marked and offered, since the Local Civil Registrar of San Mateo, Rizal had presented a certification that it had no record of AAA's birth, thus, failing to prove her minority. Appellant filed his appeal with the CA. After the Solicitor General filed his Appellee's Brief, the case was submitted for decision. On July 11, 2014, the CA rendered its Decision which denied the appeal and affirmed the RTC decision. Hence, the instant appeal. Both parties manifested that they would no longer file supplemental briefs as they had already exhaustively argued their issues in their respective briefs. [31] Appellant argues that the prosecution miserably failed to overthrow the presumption of innocence in his favor. He contends that the bulk of AAA's testimony was supplied by the prosecutor who even made presumptions and legal conclusions even before hearing the evidence. He claims that AAA's testimony is doubtful as it is inconsistent with the medico-legal report findings of only one laceration in the victim's hymen. We affirm the lower court's conviction of appellant for two counts of simple rape. Article 266-A, paragraph (1) of the Revised Penal Code, states the elements of the crime of rape as follows: Article 266 A. Rape: When and How Committed. Rape is committed: 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat, or in