G.R. No. 211049 - PEOPLE OF THE PHILIPPINES, VS. ROMEO CLOSA Y LUALHATI, ACCUSED-, R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE , the Joint Decision dated April 26, 2011 of the Regional Trial Court of Calapan City, Oriental Mindoro, Branch 39, in Criminal Case Nos. CR-09-9684, CR-09-9685, CR-09-9686 is AFFIRMED WITH MODIFICATION . Accused-appellant Romeo Closa y Lualhati is SENTENCED to suffer EIGHT (8) YEARS and ONE (1) DAY of PRISION MAYOR , as minimum, to SEVENTEEN (17) YEARS and FOUR (4) MONTHS of RECLUSION TEMPORAL , as maximum, IN CRIM. CASE NO. CR-09-9686. Also, accused-appellant is ORDERED to pay exemplary damages in the amount of P30,000.00 each in Criminal Case Nos. CR-09-9684, CR-09-9685, CR-09-9686. IN ALL OTHER RESPECTS, the said Joint Decision is AFFIRMED. SO ORDERED . [3] Antecedent Facts Accused-appellant Romeo Closa y Lualhati (accused-appellant) was charged with two (2) counts of rape and one (1) count of attempted rape of his minor daughter AAA. [4] The accusatory portions of the Informations, all dated November 6, 2009, read as follows: CRIM. CASE NO. CR-09-9684 x x x That in the year 2006, in Barangay xxx, City of xxx, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, taking advantage of the tender age of the complainant and his moral ascendancy over her, he being her father and by means of force, threat and intimidation, did then and there willfully, unlawfully and feloniously had carnal knowledge of AAA, his ten (10) year-old daughter, and therefore a relative within the first civil degree and living with him in the same house, against her will and without her consent, act/s which debase, degrade and demean the intrinsic worth and dignity of the said AAA, as a minor, to her damage and prejudice. x x x CRIM. CASE NO. CR-09-9685 x x x That in the evening of the 26th day of October 2009 in Barangay xxx, City of xxx Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, taking advantage of the tender age of the complainant and his moral ascendancy over her, he being her father and by means of force, threat and intimidation, did then and there willfully, unlawfully and feloniously had carnal knowledge of AAA, his thirteen (13) year-old daughter, and therefore a relative within the first civil degree and living with him in the same house, against her will and without her consent, act/s which debase, degrade and demean the intrinsic worth and dignity of the said AAA, as a minor, to her damage and prejudice. x x x. CRIM. CASE NO. CR-09-9686 x x x That on or about the 4th day of November 2009, at around 7:00 oclock in the morning, more or less, in Barangay xxx, City of xxx, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and by means of force and intimidation, did then and there willfully, unlawfully, feloniously commence the commission of the crime of rape [against] AAA, his thirteen (13) year-old daughter, and therefore a relative within the first civil degree and living with him in the same house, directly by