G.R. No. 189280 - PEOPLE OF THE PHILIPPINES, VS. ALBERTO DELIGERO Y BACASMOT, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds the accused Alberto Deligero y Bacasmot GUILTY beyond reasonable doubt of the crime of rape as defined and penalized under Article 266-A, par. 1(a) in relation to Article 266-B, par. 5 of the Revised Penal Code, as amended by Republic Act No. 8353. He is sentenced to suffer an imprisonment of RECLUSION PERPETUA instead of death by lethal injection, which penalty has been abolished. Further, he is ordered to pay private complainant and her family the sum of Seventy[-]Five Thousand Pesos (P75,000.00) as civil indemnity and Fifty Thousand Pesos (P50,000.00) as moral damages. In the service of his sentence, he shall be credited with the full time benefit during which time he has undergone preventive imprisonment if he agrees in writing to abide by the same disciplinary rules imposed upon convicted prisoners, if not only 4/5 as provided under Article 29 of the Revised Penal Code. He shall serve his sentence at the Davao Prison and Penal Farm, Panabo City, Davao del Norte. [6] According to the trial court, the testimony of AAA was straightforward. Accused-appellant failed to show any ill motive on the part of AAA to impute such a grave offense against her granduncle. The trial court was not convinced with the sweetheart theory advanced by accused-appellant, and observed that the latter did not admit that he and AAA were lovers when they were brought to the police substation in Butuan City. Accused-appellant instead insinuated at that time that a certain Boyet could have impregnated AAA. Pursuant to the ruling of this Court in People v. Mateo , [7] the Court of Appeals conducted an intermediate review of the decision of the trial court. On August 29, 2008, the Court of Appeals rendered its decision affirming with modification the findings of the trial court: WHEREFORE , premises considered, the Decision dated September 20, 2006 of the Regional Trial Court, 10th Judicial Region, Branch 1, Butuan City, is hereby AFFIRMED with MODIFICATIONS . Appellant Alberto Deligero y Bacasmot is SENTENCED to suffer the penalty of reclusion perpetua for the crime of simple rape committed against AAA in Criminal Case No. 9740, with no possibility for parole. Appellant is further ORDERED to indemnify AAA the amounts of P50,000.00 as civil indemnity and P50,000,00 as moral damages. Costs against appellant. [8] While the Court of Appeals sustained the findings of fact by the trial court, it held that the crime committed by accused-appellant was only simple rape. Primarily, the Court of Appeals held that the unauthenticated photocopy of AAAs baptismal certificate was not sufficient to prove the age of AAA. Furthermore, while it was alleged in the Information that accused-appellant is AAAs grandfather, what was proven during the trial was that he was AAAs granduncle, being the brother of AAAs paternal grandfather. Accused-appellant appealed to this Court through a Notice of Appeal. [9] On February 22, 2010, accused-appellant filed a Manifestatio