G.R. Nos. 144445-47 - PEOPLE OF THE PHILIPPINES, VS. GENARO BIONG.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds accused Genaro Biong: a. In CC No. 6586-99-C, guilty beyond reasonable doubt of the crime of Rape, defined and penalized under Art. 335 of the Revised Penal Code, as amended and is hereby sentenced to suffer the death penalty and all its accessory penalties under the law and to indemnify the victim the amount of P75,000.00 plus P30,000.00 as moral damages; and, b. In CC No. 6587-99-C, guilty beyond reasonable doubt of the crime of Rape defined and penalized under Art. 335 of the Revised Penal Code, as amended and is hereby sentenced to suffer the death penalty and all its accessory penalties under the law; and to indemnify the victim the amount of P75,000.00 plus P30,000.00 as moral damages; and, c) In CC No. 6588-99-C, not guilty for failure of the prosecution to prove the guilt of the accused beyond reasonable doubt. The immediate transfer of the accused to the National Bilibid Prison is hereby ordered. [2] Three (3) separate Informations, all dated April 21, 1999, charged appellant as follows: Criminal Case No. 6586-99-C That on or about February 12, 1998, at Barangay Lingga, Municipality of Calamba, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused, with lewd de[s]ign and [through] force and intimidation and with intent to satisfy his lust, did then and there [willfully], unlawfully and feloniously have carnal knowledge of his daughter one AAA, [3] 13 years old, against her will and consent. [4] Criminal Case No. 6587-99-C That on or about August 12, 1998, at Barangay Lingga, Municipality of Calamba, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and [through] force and intimidation and with intent to satisfy his lust, did then and there [willfully], unlawfully and feloniously have carnal knowledge of his daughter one AAA, 13 years old, against her will and consent. [5] Criminal Case No. 6588-99-C That sometime in the month of July 1998, at [Barangay] Lingga, Municipality of Calamba, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and [through] force and intimidation and with intent to satisfy his lust, did then and there [willfully], unlawfully and feloniously have carnal knowledge of his daughter one AAA, 13 years old, against her will and consent. [6] During his arraignment on July 19, 1999, appellant, with the assistance of his counsel de oficio , [7] pleaded not guilty. [8] After trial on the merits, the RTC rendered the assailed Decision. The Facts Version of the Prosecution The Office of the Solicitor General (OSG) narrates the prosecutions version of the factual antecedents as follows: In the evening of July 18, 1998, thirteen-year old AAA was sleeping in her home in Barangay [Lingga], Calamba, Laguna , together with her mother and appellant her father. Since their house was small and had only one room, they all slept