G.R. Nos. 146097-98 - PEOPLE OF THE PHILIPPINES, VS. JUAN CARIÑAGA.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Vitelina is having an affair with one Ariel Modestano and the two (2) were [sic] now living together at their residence. The accused likewise branded the testimonies of his daughter[s], AAA and Benilda , as tutored, they being instructed of what to say or declare in court. [8] On rebuttal, Vetelina Cariñaga testified that it was on the 25th and not on the 15th of December 1998 that appellant went with AAA to Boy Gacad's house. She also denied the existence of her alleged illicit relationship with Ariel Modestano. [9] Bonga 's Barangay Captain Edmundo Gomez, a sponsor during Vetelina and appellant's wedding, and Vetelina's employer Rosalie Cha, both testified that Vetelina is employed as a stay-in housemaid at Layon, Ligao, Albay. [10] The trial court rendered a judgment of conviction on 14 September 2000. The dispositive portion of the decision reads: WHEREFORE, judgment is hereby rendered in both Criminal Cases Nos. 3836 & 3837 finding the accused Juan Cariñaga guilty beyond reasonable doubt of two (2) counts of rape committed against his 11-year old daughter AAA and accordingly hereby sentences him to suffer twice (2x) the penalty of death and to indemnify the offended party the total amount of P150,000.00 and to pay another amount of P100,000.00 by way of moral damages and to pay the costs. Let the records of these cases together with all the exhibits and transcript of stenographic notes be immediately elevated to the Supreme Court for automatic review. SO ORDERED.