G.R. No. 265272 - PEOPLE OF PHILIPPINES, VS. ZZZ,* ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , since there is proof beyond reasonable doubt, accused ZZZ is found GUILTY of the crime of QUALIFIED RAPE, as provided under Article 266-A, paragraph 1 (a), in relation to Article 266- B, of the Revised Penal Code, as amended, for having carnal knowledge with his biological daughter - 14-year-old AAA at around 5:30 o'clock in the afternoon on November 28, 2016 in their house at v, x, y, xxxxxxxxxxx , Misamis Oriental, and is hereby sentenced to serve the penalty of Reclusion Perpetua, in lieu of the Death Penalty because of its suspension under R.A. No. 9346, without eligibility for parole. Further, accused ZZZ is ordered to pay minor victim AAA the following: Civil Indemnity Ex Delicto - One Hundred Thousand Pesos (Php100,000.00), Moral Damages - One Hundred Thousand Pesos (Php 100,000.00) & Exemplary Damages - One Hundred Thousand Pesos (Php 100,000.00), all with interest at the rate of 6% per annum from the date of finality of this judgment, until the amount is paid in full. As provided under Article 29 of the Revised Penal Code, as amended, the period of preventive imprisonment of ZZZ shall be credited in full in the service of his sentence as he voluntarily agreed, in writing, to abide by the same disciplinary rules imposed upon convicted prisoners. Costs de oficio . F.C. CRIMINAL# 183-M (2017) WHEREFORE , since there is proof beyond reasonable doubt, accused ZZZ is found GUILTY of the crime of violating Section 5(b) of R.A. 7610, for sexually abusing his minor biological daughter AAA at around 9 o'clock in the evening on December 12, 2016 in their house at v, x, y, Misamis Oriental, and sentenced to serve the penalty of Reclusion Perpetua. Further, accused ZZZ is ordered to pay minor victim AAA the following: Civil Indemnity Ex Delicto -- Seventy Five Thousand Pesos (Php 75,000.00), Moral Damages -- Seventy Five Thousand Pesos (Php 75,000.00), Exemplary Damages -- Seventy Five Thousand Pesos (Php 75,000.00), & Fine -- Twenty Thousand Pesos (Php 20,000.00), all with interest at the rate of 6% per annum from the date of finality of this judgment, until the amount is paid in full. As provided under Article 29 of the Revised Penal Code, as amended, the period of the preventive imprisonment of ZZZ shall be credited in full in the service of his sentence as he voluntarily agreed, in writing, to abide by the same disciplinary rules imposed upon convicted prisoners. Costs de oficio . [18] (Emphasis in the original) ZZZ filed an Omnibus Notice of Appeal, [19] dated June 24, 2020, which the RTC gave due course to. [20] The Ruling of the CA In his Appellant's Brief, [21] dated May 19, 2021, filed before the CA, ZZZ argued that the prosecution failed to prove his guilt beyond reasonable doubt. He asserted that AAA is not a credible witness because there were discrepancies between AAA's statements in her affidavit and her testimony in open court. [22] In particular, ZZZ claimed that during her testimony pertaining to the November 28, 2016 inc