Cited Laws
accordingly, sentenced him to suffer the penalty of reclusion perpetua , without eligibility for parole, and ordered him to pay AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages. [10] It found that the prosecution was able to prove that Balcueva indeed raped AAA, pointing out that her failure to shout for help while she was being ravished by her father does not mean she was not raped; rather, it showed the moral ascendancy and influence Balcueva exerted over her, and that the absence of injuries on AAA's hymen did not negate a finding of rape. In this relation, the RTC observed that no woman would undergo the rigors of trial if she was not motivated to put her culprit behind bars. [11] Moreover, the RTC did not give any probative value to AAA's subsequent desistance from pursuing the case, considering that she had completed her testimony at that time, and that it found her desistance to be a mere afterthought. Finally, it declared that Balcueva's defense of denial and alibi could not prevail over AAA's positive identification. [12] Aggrieved, Balcueva appealed [13] his conviction to the CA. The CA Ruling In a Decision [14] dated April 30, 2014, the CA affirmed the RTC's ruling in toto . [15] In upholding Balcueva's conviction, the CA relied on AAA's testimony, holding that it is unlikely for a young lass like AAA to concoct a story of her being raped by her own father and to go through the rigors of trial if she was not telling the truth. [16] Hence, the instant appeal. The Issue Before the Court The issue for the Court's resolution is whether Balcueva's conviction for Qualified Rape should be upheld. The Court's Ruling The Court sustains Balcueva's conviction. Article 266-A, in relation to Article 266-B, of the RPC reads: Art. 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 ; x x x x x x x x x Art. 266-B. Penalty. - x x x. x x x x x 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, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; x x x x x x x x x (Emphases and underscoring supplied) The elements of Qualified Rape under the foregoing provisions are as follows: ( a ) the victim is a female over 12 years but under 18 years of age; ( b ) the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; and ( c ) the offender has carnal knowledge of the victim either through force, threat or intimidation; or when she is deprived of reason o