G.R. Nos. 138726-27 - PEOPLE OF THE PHILIPPINES, VS. ROGELIO BARROZO Y CASTRO.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, finding ROGELIO BARROZO, in CRIM. CASE NO. U-9811, guilty beyond reasonable doubt of aggravated rape, an offense punishable under Art. 266-A, R.A. 8353, in relation to R.A. 7659, the Court sentences Rogelio Barrozo to suffer the penalty of DEATH, to be implemented in the manner provided by law; ordering the accused to indemnify Rowena Barrozo the sum of P75,000.00 for moral damages, further sum of P20,000.00 as exemplary damages and other accessory penalties of the law. For failure of the prosecution to prove the guilt of Rogelio Barrozo beyond reasonable doubt in CRIM. CASE NO. U-9810, the Court ACQUITS said accused. [2] Appellant was accused of raping his own daughter, Rowena Barrozo y Castro, in two separate Informations, [3] both dated October 14, 1998, which read as follows: Crim. Case No. U-9810 That sometime in January, 1996, at Barangay Mermer, Manaoag, Pangasinan, and within the jurisdiction of this Honorable Court, the above-named accused by means of force, threats and intimidation, did then and there, wilfully, unlawfully and feloniously have carnal knowledge with his own daughter, Rowena Barrozo y Esteron, a minor below 12 years of age, against her will and to her damage and prejudice. [4] Crim. Case No. U-9811 That on or about August 16, 1998, between 12:00 oclock midnight and 1:00 oclock early dawn, at [B]arangay Mermer, Manaoag, Pangasinan and within the jurisdiction of this Honorable Court, the above-named accused, by means of force, threats, and intimidation, did then and there, wilfully, unlawfully and feloniously, have carnal knowledge with his own daughter, Rowena Barrozo y Esteron, a minor of 14 years of age, against her will and to her damage and prejudice. [5] When arraigned on January 12, 1999, appellant, with the assistance of his counsel, [6] pled not guilty. [7] After pretrial and due trial, the RTC convicted him in Criminal Case No. U-9811, but acquitted him in Criminal Case No. U-9810. The Facts Version of the Prosecution The Office of the Solicitor General presents the prosecutions version of the facts in this wise: Rowena Barrozo, private complainant herein, testified that she was born in May 06, 1984. She is the daughter of appellant, Rogelio Barrozo and one Magdalena Aquino. Her parents were separated since she was a young girl. Her mother, who now has her own family, left her in the company of her father, where they lived in the house of her uncle, Melecio Barrozo, at Barangay Mermer, Manaoag, Pangasinan. On the night of August 16, 1998, the victim who was then fourteen (14) years old, recounted that when she was in the room of their house at Barangay Mermer, Manaoag, Pangasinan, her father, appellant therein, undressed her and also undressed himself and laid beside her. He covered her mouth and held her hands, went on top of her and inserted his penis in her vagina; she felt pain. Threatening to kill her if she files a complaint against him, appellant ran outside the house. The victim jumpe