G.R. No. 220492 - PEOPLE OF THE PHILIPPINES, V. CCC, ACCUSED-.

Ruling

accordingly charged in two (2) separate informations which read: Criminal Case No. 3149 That sometime in January 2011, in the Municipality of [XXX], Province of Nueva Vizcaya, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design, willfully, unlawfully and feloniously did then and there, by means of force and intimidation inserted his penis inside the vagina and for several times had carnal knowledge of his own daughter [AAA], [3] a 17 year old minor, without her consent and against her will, to the damage and prejudice of [AAA]. [4] (emphasis and underlining omitted) Criminal Case No. 3150 That sometime in September 2011, in the Municipality of [XXX], Province of Nueva Vizcaya, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design, willfully, unlawfully and feloniously did then and there, by means of force and intimidation inserted his penis inside the vagina and for several times had carnal knowledge of his own daughter [AAA], a 17 year old minor, without her consent and against her will, to the damage and prejudice of [AAA]. [5] (emphasis and underlining omitted) On 3 September 2012, accused-appellant was arraigned and, with the assistance of counsel, pleaded not guilty. [6] Pre-trial and trial on the merits ensued. The Prosecution's Evidence The prosecution's evidence accounted three (3) episodes of rape committed by accused-appellant against AAA that all happened in 2011. As a result, AAA conceived. She alleged it was her father's child as she did not have any prior sexual experience with any other man. The child was born on 27 May 2012. In her testimony, AAA narrated that the first time his father raped her was while she was in the bathroom outside their house. While she was about to take a bath, accused-appellant entered, removed her panty, and made her lie down. He held her feet down, mounted her, and inserted his penis into her vagina. After he was done, accused-appellant left, AAA continued to take a bath. The second time AAA was raped happened inside her parent's bedroom. Accused-appellant pressed on AAA's thighs and removed her undergarments while she was lying down. Again, accused-appellant went on top of AAA and inserted his penis into her vagina. When he was done, accused-appellant left AAA inside the bedroom. While all this was happening, AAA's mother was out at the garden and her siblings were in school. The last episode AAA narrated was when accused-appellant told her to fix the water fixture beside the palali tree near their house. As she did, accused-appellant followed AAA, grabbed her, and removed her undergannents. While he was doing this, he told AAA he would hurt her if she told anyone. After instructing her to lie down, accused-appellant inserted his penis into her vagina. AAA never told anybody about what was happening until her sister, asked if she was pregnant. Upon her sisters insistence, AAA confided to her th