Philippine Supreme Court Resolutions > Year 2008 > October 2008 Resolutions > [G.R. No. 181593 : October 22, 2008] THE PEOPLE OF THE PHILIPPINES V. RICHARD EDERA:

Quoted hereunder, for your information, is a resolution of this Court dated 22 October 2008:

G.R. No. 181593 (The People of the Philippines v. Richard Edera).- The Regional Trial Court (RTC) of Caloocan City found appellant Richard Edera guilty of rape of his twenty (20) year-old daughter.^[1] The Court of Appeals affirmed in toto the RTC's decision."^[2]

The victim positively identified appellant as the perpetrator of the horrendous crime. On the night when the crime was committed, the victim was awakened when appellant removed her shorts and panty. She pushed and struggled with appellant but he eventually overpowered her. Appellant succeeded in inserting his penis inside her vagina. Out of the illicit sexual intercourse, a baby boy was born.

On the other hand, appellant merely denied having raped his daughter. He claimed that she had begrudged him for his refusal to let her join a certain religious group.

Finding no reversible error in the assailed decision, the Court adopts the findings of fact and conclusions of law of the Court of Appeals in its 31 August 2007 Decision.

WHEREFORE the Court AFFIRMS the 31 August 2007 Decision of the Court of Appeals in CA-G.R CR-H.C No. 01777 finding Richard Edera guilty of rape. Costs against appellant.

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Endnotes:

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^[1]    CA rollo, p. 27. The 30 September 2005 Decision was penned by Judge Thelma Canlas Trinidad-Pe Aguire. The dispositive portion reads as follows:

WHEREFORE, in view of the foregoing considerations, the Court finds accused Richard Edera (g)uilty of (r)ape in Crim. Case No. C-65404 and he is hereby sentenced to (r)eclusion (p)erpetua, with the accessory penalties provided by law, pay the complainant the amount of P50,000.00 as civil indemnity, P50,000.00 (as) moral damages and P25,000.00 as exemplary damages

Accused shall be credited in full the period of his preventive imprisonment.

For insufficiency of evidence, accused is hereby acquitted in Crim. Case No. C-65403. With costs de oficio.

SO ORDERED.

^[2] Rollo, p. 12. The 31 August 2007 Decision was penned by Associate Justice Aurora Santiago-Lagman, and concurred in by Associate Justices Bienvenido Reyes and Apolinario Bruselas. Jr. The dispositive portion of the decision reads as follows:

WHEREFORE, the appealed joint Decision of the Regional Trial Court of Caloocan City (Branch 128) in Criminal Case No. C-65404, dated September 30. 2005. is AFFIRMED in toto.

SO ORDERED.