G.R. No. 200515 - PEOPLE OF THE PHILIPPINES, VS. LINO PALDO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , accused LINO PALDO is hereby found guilty beyond reasonable doubt of the offense charged and sentenced to reclusion perpetua and to pay SEVENTY[-]FIVE THOUSAND PESOS (P75,000.00) as civil indemnity, moral damages of SEVENTY[-]FIVE THOUSAND PESOS (P75,000.00) and exemplary damages of TWENTY[-]FIVE THOUSAND PESOS (P25,000.00) . [7] Accused-appellant appealed to the Court of Appeals. The appellate court, in its Decision dated June 23, 2011, affirmed the conviction of accused-appellant, and also increased the amount of exemplary damages awarded to AAA, to wit: WHEREFORE , the Decision dated 27 May 2009 of the Regional Trial Court, Second Judicial Region, Branch 34 of Banaue, Ifugao, Branch 34, in Criminal Case No. 117, is hereby AFFIRMED with the modification that the exemplary damages is increased to Thirty Thousand Pesos (P30,000.00). [8] Hence, this appeal with the same lone assignment of error raised before the Court of Appeals: THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE PROSECUTIONS FAILURE TO PROVE HIS GUILT BEYOND REASONABLE DOUBT. [9] Accused-appellant was charged with qualified rape under Article 266-A(1), in relation to Article 266-B(1), of the Revised Penal Code, as amended by Republic Act No. 8353. Said provisions read: 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 intimidation; b) When the offended party is deprived of reason or is otherwise unconscious. c) By means of fraudulent machination or grave abuse of authority; d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. ART. 266-B. Penalties . - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. x x x x The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: 1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. Much of accused-appellants arguments focus on the purported inconsistencies in AAAs testimony which cast doubt on her credibility, specifically: (1) There was no electric light inside their house on March 10, 2001, when the alleged rape took place, so AAA could not have seen the face of her rapist and she could have been mistaken in identifying accused-appellant; and (2) According to AAA, she was staying at XXX, where she was allegedly raped on March 10, 2001, but her school records reveal that she was studying in ZZZ for school year 2000-2001. Accused-appellant also claim that the rape case was filed against him at the instigation of his wife BBB since if he would be imprisoned, BBB could f