People v. De Vera

 

People v. De Vera

G.R. No. 230624

June 6, 2019

FACTS:

                The RTC and CA convicted Ronaldo de Vera y Holdem for the crime of qualified rape and two counts of acts of lasciviousness. AAA n November 3, 2009, at around 11 :00 p.m., while inside their house, accused-appellant approached her while she was lying in bed and proceeded to insert his hands inside her shirt and touched her breasts, saying that she should let him touch them. 13 The following day, on November 4, 2009, again at around 11:00 p.m., while inside their house, the accused-appellant touched AAA' s breasts and vagina. He also inserted his finger into her vagina and proceeded to undress AAA and himself. He then mounted AAA and inserted his penis into her. The next day, on November 5, 2009, while inside their house, the accused-appellant once more approached AAA while she was sleeping and touched her vagina. However, when he started to undress AAA, her younger sibling, CCC, woke up and uttered "Papa, Si Neneng", thinking that she was their other sister, Neneng. CCC noticed that AAA was crying, but she kept pinching CCC so that the former would not leave. CCC also cried and asked why AAA was crying. CCC wanted to report the incident to their mother, who at that time was sleeping a little farther from them, but still inside the same bedroom. 

ISSUE:

                Whether or not the CA erred in affirming the RTC.

HELD:

                No. To sustain a conviction under Section 5(b ), Article III of RA No. 7610, the prosecution must establish the following elements: (1) the accused commits the act of sexual intercourse or lascivious conduct; (2) the said act is performed with a child exploited in prostitution or subjected to sexual abuse; and (3) the child, whether male or female, is below 18 years of age. In the present cases, the above elements were duly established by the prosecution. On two separate occasions, the accused-appellant was found to have subjected his 17-year old daughter, AAA, to sexual abuse and committed lascivious conduct against her, using his moral ascendancy or influence, in lieu of force or intimidation. On November 3, 2009, he was accused of sliding his hands under AAA' s shirt and touching her breasts while they were inside their house when the other members of their family were sleeping. This reprehensible act was again repeated on November 5, 2009 when the accused-appellant touched AAA's vagina and would have proceeded to have carnal knowledge of her had not his other daughter awakened and called him out.