September 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 195100 : September 05, 2011]
PEOPLE OF THE PHILIPPINES v. RODOLFO LUCERO Y NELMEDA
G.R. No. 195100 (People of the Philippines v. Rodolfo Lucero y Nelmeda). - We resolve the appeal, filed by accused Rodolfo Lucero y Nelmeda (appellant), from the September 13, 2010 decision of the Court of Appeals (CA) in CA-G.R. CR.-H.C. No. 02594.[1]
The RTC Ruling
In its January 21, 2005 joint decision,[2] the Regional Trial Court (RTC) of Naga City, Branch 20, convicted the appellant of three counts of rape[3] committed against his minor[4] daughter, AAA,[5] on December 24, 1997, January 4, 1998, and December 20, 1999. The RTC gave credence to AAA's testimony which it found to be straightforward and consistent. It rejected the appellant's denial and uncorroborated alibi. The RTC sentenced the appellant to suffer the death penalty for each count of rape. It also ordered him to pay AAA P75,000.00 as civil indemnity, and P50,000.00 as moral damages.
The CA Ruling
On intermediate appellate review, the CA affirmed the RTC's appreciation of AAA's straightforward testimony pointing to the appellant as her rapist. In rejecting the appellant's argument that AAA fabricated the rape charges because of her intense hatred for her father, the CA observed that an innocent and naive child like AAA is not likely to accuse her own father of incestuous rape had it not been for the painful truth of the abuse. The CA found that AAA's minority and her relationship with the appellant were alleged in the Information and proven in court, warranting the imposition of the death penalty. However, pursuant to Republic Act No. (RA) 9346,[6] the CA sentenced the appellant to suffer the penalty of reclusion perpetua without eligibility for parole for each count of rape. The CA increased the moral damages to P75,000.00 and further awarded P30,000.00 as exemplary damages to AAA, for each count of rape.[7]cralaw
Our Ruling
On final review, we dismiss the appeal.
We see no reason to reverse or modify the findings of the RTC on the credibility of AAA's testimony, more so where these findings were affirmed by the CA. The qualifying circumstances of age and relationship were properly alleged in the Information and duly proved at the trial. The appellant admitted in open court that AAA was then a minor and that he is AAA's biological father.[8] The prosecution also submitted AAA's birth certificate.[9]
Under Article 266-B of the Revised Penal Code, as amended,[10] the crime of rape committed by the appellant against his own minor daughter is punished with the death penalty. Since the imposition of the death penalty has been prohibited by RA 9346, the CA correctly imposed the penalty of reclusion perpetua without eligibility for parole for each count of rape. Likewise, in line with recent jurisprudence,[11] we affirm the award of damages in favor of AAA. cralaw
WHEREFORE, the September 13, 2010 decision of the Court of Appeals in CA-G.R. CR.-H.C. No. 02594 is hereby AFFIRMED.
SO ORDERED.
Very truly yours,
MA. LUISA L. LAUREA
Division Clerk of Court
By:
(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court
Endnotes:
[1] Penned by Associate Justice Samuel H. Gaerlan, and concurred in by Associate Justices Hakim S. Abdulwahid and Ricardo R. Rosario; rollo, pp. 2-13.[2] Docketed as Criminal Case Nos. RTC-2000-0064, 2000-0065 and 2000-0066; CA rollo, pp. 10-18.
[3] See REVISED PENAL CODE, Article 266-A.
[4] Since AAA's birth certificate indicates that she was born on May 13, 1987, she was 10 years old at the time of the first and second rape incidents, and 12 years old at the time of the third rape incident; original records, pp. 102-103.
[5] The real name of the rape victim is withheld and, instead, fictitious initials are used to represent her. (People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419).
[6] The Anti-Death Penalty Law which took effect on June 30, 2006.
[7] Supra note 3.
[8] TSN, January 31, 2003, p. 3.
[9] Supra note 4.
[10] As amended by Republic Act No. 8353, the Anti-Rape Law of 1997, which took effect on October 22, 1997.
[11] People of the Philippines v. Felipe Nachor y Omayan, G.R. No. 177779, December 14, 2010; People v. Deri, G.R. No. 166566, November 23, 2010, 635 SCRA 733, 746-747.
* Reyes, J., on official leave; Mendoza. J., designated as Additional Member per Special Order No. 1066 dated August 23, 2011.