Cited Laws
TL;DR — Ruling
WHEREFORE , this Court hereby finds the accused Pablito de los Reyes y Brazal GUILTY beyond reasonable doubt of the crime of RAPE as charged in the information and there being present the aggravating circumstance of his relationship as stepfather to private complainant, Maritess Collo, hereby sentences him to RECLUSION PERPETUA and to pay said private complainant the sum of FIFTY THOUSAND PESOS (P50,000.00) as moral damages.
WHEREFORE , this Court hereby finds the accused Pablito de los Reyes y Brazal GUILTY beyond reasonable doubt of the crime of RAPE as charged in the information and there being present the aggravating circumstance of his relationship as stepfather to private complainant, Maritess Collo, hereby sentences him to RECLUSION PERPETUA and to pay said private complainant the sum of FIFTY THOUSAND PESOS (P50,000.00) as moral damages. [2] Accused-appellant interposed an appeal directly to this Court on the lone assignment of error that the prosecution failed to establish his guilt beyond reasonable doubt. [3] After a careful review of the evidence on record, no sufficient reason exists that would justify the reversal of the assailed decision. The victim in this case was born on October 8, 1983. At the time of the rape on June 12, 1995, she was below twelve years old. However, the Information alleges that she was thirteen when she was raped. Thus, the crime with which accused-appellant was charged can not be considered statutory rape. However, there is overwhelming evidence on record that accused-appellant employed force and intimidation on the victim. In her sworn testimony, Maritess categorically stated that: a. While I was sleeping, I noticed or I felt that there was "gumagapang na kamay sa aking hita". Later, I came to know that it was Pablito delos Reyes. q. Now, when you felt that Miss Witness, what did you do? a. I was surprised, sir. q. After that what did Pablito delos Reyes do, if any? a. He held my two (2) hands very tightly, sir. q. What did you do when Pablito delos Reyes held your both hands tightly? a. I cried and told him "I do not like, I do not like." "Ayaw ko, ayaw ko." q. Why were you uttering "ayoko, ayoko" ? a. I refused to be molested by him, sir. q. After holding your both hands tightly, what else did Pablito delos Reyes do, if any? a. He kissed my lips and cheeks, sir. q. After Pablito delos Reyes kissed you while he was on top of you, what else did he do to you? a. He forcibly removed my shorts and panty, sir. q. Was he able to remove your shorts and panty? a. Yes, sir. q. What did you do when Pablito delos Reyes was trying to remove your shorts and panty? a. I told him "huwag, kuya Ambo" because I called him Kuya Ambo, sir. q. Did he accede to your pleas? a. No, sir. q. Why? What did he do next? a. He mashed my breasts and kissed all my body and breasts, sir. q. After that what else did Pablito delos Reyes do to you, if any? a. After that he removed his briefs and he inserted his penis to my vagina. q. Was Pablito delos Reyes able to insert his penis to your vagina? a. Yes, sir. q. What did you feel when Pablito delos Reyes inserted his penis to your vagina? a. It was painful, sir. q. When you felt pain, what did you do? a. I cried, sir. q. While the penis of Pablito delos Reyes was inside your vagina, what else did Pablito delos Reyes do, if any? a. He made an up and down movement, sir, (Witness demonstrating by moving her right