G.R. No. 249414 - PEOPLE OF THE PHILIPPINES, VS. BENNY DALAGUET, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, the accused Benny Dalaguet is hereby found guilty beyond reasonable doubt (the victim being a minor as admitted by the defense and proven by her Birth Certificate) for two (2) counts of Rape and he is hereby sentenced to a penalty of Reclusion Perpetua or a period of twenty (20) years and one (1) day to forty (40) years for each count of Rape. Accused is also ordered to pay the victim, [AAA], the amount of One Hundred Thousand Pesos [P]100,000.00 for actual damages and another One Hundred Thousand Pesos [P]100,000.00 for moral damages. [26] For the first incident of rape on December 2009, the RTC found that AAA usually pastures the family cow and carabao at the place where the family has a " payag-payag ," which was admitted by Dalaguet. [27] Thus, the RTC did not sustain Dalaguet's bare allegation of denial that he could not have raped AAA. [28] Dalaguet did not even present any member of his family who could have testified that he was in their house when the rape incident happened. [29] The RTC also ruled that a bare allegation of denial is a negative and self-serving defense, which cannot be given greater evidentiary value over convincing, straightforward, and probable testimony on affirmative matters. [30] For the second incident of rape on May 9, 2010, aside from AAA's testimony, the RTC gave weight and credence to the testimony of AAA's grandfather, EEE, who witnessed Dalaguet sexually molesting AAA. [31] The RTC likewise gave weighty consideration to the medical findings of Dr. Andaya, who testified that she physically examined AAA on May 10, 2010 and found lacerations in AAA's hymen, which was "the wrench that held the evidence together." [32] Aggrieved, Dalaguet appealed to the CA. On June 25, 2019, the CA issued the assailed Decision, which affirmed with modification Dalaguet's conviction, the dispositive portion of which reads: WHEREFORE, the appeal is hereby DENIED. The Decision dated July 13, 2016 of the Regional Trial Court (RTC), xxxxxxx , Branch 45 in Criminal Case Nos. F-10-49-MJ and F-10-50-MJ is AFFIRMED WITH MODIFICATION. Accused-appellant Benny Dalaguet is hereby found GUILTY beyond reasonable doubt of two (2) counts of Lascivious Conduct under Section 5(b) of R.A. No. 7610 and is sentenced to suffer the indeterminate penalty of eight (8) years and one (1) day of prisi[ó]n mayor as minimum, to seventeen (17) years, four (4) months and one (1) day of reclusion temporal as maximum, for each count of violation. Accused-appellant is ORDERED to pay private complainant AAA the amounts of [P]50,000.00 as civil indemnity, [P]50,000.00 as moral damages, and [P]50,000.00 as exemplary damages, for each count of violation, with legal interest of six percent (6%) per annum from the date of finality of this judgment until full payment. SO ORDERED.