G.R. No. 240662 - THE PEOPLE OF THE PHILIPPINES, V. RAYMUNDO RAPIZ Y CORREA, ACCUSED-,D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the appeal is DENIED . The assailed January 29,2016 Decision of the Regional Trial Court, Branch 275, Las Pinas City, in Criminal Case No. 15-1121, is MODIFIED in that the awards of civil indemnity and moral damages are INCREASED to P75,000.00 EACH; and appellant is further ORDERED to PAY P75,000.00 as exemplary damages. Except as otherwise modified herein, the rest of the assailed Decision STANDS. SO ORDERED . [2] Facts The Charge Raymundo Rapiz y Correa (appellant) was charged with the rape of AAA [3] in Criminal Case No. 15-1121, viz.: That on or about the 2nd day of April 2015, in the City of Las Pinas, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and by means of force, threat, and intimidation and did then and there willfully, unlawfully and feloniously have carnal knowledge with complainant AAA, against her will and consent. CONTRARY TO LAW. [4] The case was raffled to the Regional Trial Court (RTC), Branch 275, Las Pinas City. On arraignment, appellant pleaded not guilty. [5] Trial on the merits ensued. Proceedings before the Trial Court Prosecution's Version On April 2, 2015, AAA (complainant) and appellant were left all alone in the latter's house. When she heard appellant call for her, she immediately approached but he suddenly pointed a deadly weapon at her. She got shocked and was unable to react when he undressed her and himself too. He asked her to lie down on the bed, after which, he got on top of her and inserted his penis into her vagina. He threatened to kill her and her mother if she would tell her mother about the incident. Before her mother arrived, appellant tightly held her hands, went outside, and sharply stared at her. She could not do anything but cry. [6] On April 3, 2015, appellant brought her near a balete tree. There, he hugged her, kissed her on the lips, fondled her breasts, and touched her vagina. He lay near her and slept. They went back to appellant's house by 11 o'clock in the evening. [7] On April 4, 2015, around 11 o'clock in the evening, appellant told her to go to the Canon Vulcanizing Shop where he was working. When she got there, appellant locked the door of the shop. He proposed to court her, but she refused because she thought he is her uncle, that is, she believed that he and her mother are cousins. Appellant got mad and no longer talked to her. They were able to go home by 1 o'clock in the morning. [8] On April 6, 2015 , around midnight, appellant promised to buy her a pair of slippers and dress in Baclaran. They later went there, but he did not make good his promise. He just made another promise to buy for her another time. He then took her to a zoo and kissed her there. They went home afterwards. [9] On April 7, 2015 , her mother, BBB, filed a complaint before the barangay against appellant's live-in partner. The reason for the complaint was that complainant and appellant's live-in partner had apparently g