People v. de Guzman
G.R. No. 229714
June 19, 2019
FACTS:
In the
evening, "AAA" was watching television when appellant suddenly pulled
her towards the bedroom. While inside the bedroom, appellant told
"AAA" that she should not have a boyfriend, and that she should
follow his wishes. Appellant then proceeded to caress "AAA's" arms
and back, and then removed her shirt. Appellant then laid "AAA" down,
went on top of her, and kissed her on the lips and neck. "AAA" pushed
him but her efforts were futile because he was too strong. Then appellant
raised her bra and pressed and kissed her breasts. He then pulled down her
shorts, kissed her breasts downward and licked her belly button. He also
removed her underwear and licked her private organ. "AAA" tried to kick
appellant but to no avail. Appellant then inserted his penis into
"AAA's" vagina and made push-and-pull movements on her. After
sometime, he removed his penis and secreted his semen on "AAA's"
stomach. After the incident, "AAA's" brother reported to their mother
that something had happened to "AAA". Because of this revelation,
"BBB" and "AAA's" aunt confronted "AAA" who
eventually confessed to them that her father, the appellant, had indeed raped
her.
ISSUE:
Whether
or not CA erred in convicting the accused.
HELD:
No. The
following elements thereof had been duly established here: "(1) sexual
congress; (2) with a woman; (3) done by force and without consent; ( 4) the
victim is under eighteen years of age at the time of the rape; and (5) the
offender is a parent (whether legitimate, illegitimate or adopted) of the
victim. Established facts revealed that appellant had carnal knowledge of his
own biological daughter, "AAA," who at the time of the first rape
incident was just 14 years old, and was only 15 years old when appellant raped
her the second time. "AAA" testified in a clear and straightforward
manner her harrowing ordeal; and equally important, the medical examination on
"AAA" corroborated her testimony.
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