G.R. No. 200329 - PEOPLE OF THE PHILIPPINES, VS. RICARDO PIOSANG, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding accused RICARDO PIOSANG GUILTY beyond reasonable doubt of the crime of rape under Article 266-A par. 1, Revised Penal Code in relation to Section 5(b) Article III of R.A. 7610, he is hereby sentenced to suffer the penalty of RECLUSION PERPETUA. He is further ordered to pay private complainant AAA P50,000.00 as civil indemnity, P50,000.00 as moral damages and P25,000.00 as exemplary damages and the costs of suit. [13] Accused-appellant appealed to the Court of Appeals. The prosecutions version of events, as determined by the Court of Appeals, is as follows: On July 8, 1998, AAA was playing with some friends when then eleven-and-a-half-year-old CCC, her neighbor, called and asked her to play computer with him at the house of herein accused-appellant, RICARDO PIOSANG or RICRIC on instructions of the latter. At the invitation, AAA readily joined CCC, and together with accused-appellant proceeded to his house. On the way, however, AAA and CCC were suddenly pushed inside accused-appellants comfort room, which was built separately from the house. Inside, accused-appellant whipped out a bente nueve or fan knife and pointed it to CCC, telling the two children to keep quiet, otherwise, he will kill them. After accused-appellant had barred the door shut, he instructed CCC to hold AAA from behind, which CCC obeyed by clutching AAA on her stomach. Accused-appellant removed his short pants, then applied something reddish on his penis and, while AAA was standing atop the toilet bowl being held by CCC from the back, inserted the same into her vagina and made pumping motions while standing. The victim AAA could only cry. After having satiated his carnal desires against AAA, accused-appellant once again pointed the knife at CCC and told him to likewise insert his penis into AAAs private part. CCC pretended to do what [he] was told, and while doing so, the latter masturbated and, when he ejaculated, wiped the semen on the helpless AAAs mouth. Thereafter, he reiterated his threats to kill them if they told anyone of what happened, and then let them go home. Before AAA went out of the comfort room, however, accused-appellant gave her a five-peso coin to buy candy, which she threw away. AAA did not reveal what happened to her on that fateful day. Months later, however, or on September 23, 1998, while AAA and her mother, BBB, were playing, BBB told her daughter not to let anyone touch her private part. After being silent for a moment, AAA suddenly blurted out, Mama, bastos si Kuya Ric Ric and Kuya CCC, because, according to AAA, they inserted their penises into her vagina. At this revelation, BBB confronted CCCs mother, DDD, who made her son disclose what truly happened to AAA. CCC tearfully narrated what accused-appellant did on July 8, 1998 and that he threatened to kill both him and AAA if they reported the matter. Upon medical examination, AAA was found to have shallow healed lacerations at 3 and 8 oclock positions on her genita