CA upholds but modifies conviction of rape suspect

CEBU, Philippines - The Court of Appeals has affirmed with modification the conviction of a man accused of raping his 13-year old step daughter.

Associate Justice Pamela Ann Abela Maxino affirmed the earlier ruling of Judge Raphael Yrastorza of the Regional Trial Court Branch 14 convicting a man for rape but modified the ruling from two counts of rape to one after the prosecution failed to establish the elements of the initial case.

The Freeman is withholding the name of the accused because of the nature of the crime.

“As to accused-appellant’s appeal in CBU-84829, the same is granted. The decision of the trial court is reversed and set aside. Accused-appellant is, for failure of the prosecution to prove his guilt beyond reasonable doubt, acquitted for the crime of rape committed on Nov. 8, 2008,” the decision of the appellate court reads.

In 2010, Yrastorza sentenced the accused to 40 to 80 years in jail with a fine of P100,000.

But Maxino has modified the penalty to 20 years and has ordered the accused to pay the victim P75,000 as civil indemnity, P75,000 as moral damages and P30,000 as exemplary damages plus legal interest on all damages awarded at the rate of six percent from the finality of the decision.

 The accused was formally charged before the court in 2008 for two counts of rape after the victim testified that her stepfather sexually abused her twice, on November 7 and 8, of the same year.

The accused-appellant denied the allegations and said that his step daughter was only getting back at him for berating her about her “unladylike conduct” when he saw her with one of her lovers.-(FREEMAN)