Petitioner argues the existence of reasonable doubt in his favor. Ricalde filed this Petition praying for his acquittal. Accused-appellant RICHARD RICALDE is ordered to pay the victim civil indemnity in the amount of Thirty Thousand (30,000.00) Pesos and moral damages likewise in the amount of Thirty Thousand (30,000.00) Pesos, both with interest at the legal rate of six (6%) percent per annum from the date of finality of this judgment until fully paid. 11906-B, is AFFIRMED but with MODIFICATION as to the award of damages.
#PINAY TEXTMATE MANILA 2015 TRIAL#
WHEREFORE, the Decision dated 20 June 2011 of Branch 34 of the Regional Trial Court of Calamba, Laguna, in Crim. The Court of Appeals in its Decision 34 dated Augaffirmed the conviction with the modification of lowering the amounts of damages awarded: Accused is ordered to pay the sums of 50,000.00 as moral damages and 50,000.00 as civil indemnity. WHEREFORE, this Court finds accused Richard Ricalde guilty beyond reasonable doubt of the crime of rape by sexual assault and, accordingly, sentences him to suffer the penalty of imprisonment ranging from four (4) years, two (2) months and one (1) day of prision correccional as minimum, to eight (8) years of prision mayor as maximum. The Regional Trial Court in its Decision 32 dated Jfound Ricalde guilty beyond reasonable doubt of rape through sexual assault: 30 He denied the alleged rape through sexual assault. on the living room sofa while XXX slept on the floor. 28 On January 30, 2002, XXX’s mother picked him up to sleep at their house. 27 He and XXX became textmates, and XXX invited him to his house. 26 He testified that he met XXX during the 2001 town fiesta of Calaca, Batangas and learned that XXX’s mother is the cousin of his cousin Arlan Ricalde. Rosa police station, leading to the criminal complaint filed against Ricalde. On February 4, 2002, XXX and his mother executed their sworn statements at the Sta.
Roy Camarillo examined 22 XXX and found no signs of recent trauma in his anal orifice 23 that was also "NEGATIVE for permatozoa." 24 20 The police referred them to the municipal health center for medical examination. XXX’s mother then accompanied XXX to the barangay hall where they were directed to report the incident to the Sta.
XXX’s mother armed herself with a knife for self-defense when she confronted Ricalde about the incident, but he remained silent. 16 He also told his mother that Ricalde played with his sexual organ. when XXX awoke as "he felt pain in his anus and stomach and something inserted in his anus." 14 He saw that Ricalde "fondled his penis." 15 When Ricalde returned to the sofa, XXX ran toward his mother’s room to tell her what happened. 12 He slept on the sofa while XXX slept on the living room floor. 11Īfter dinner, XXX’s mother told Ricalde to spend the night at their house as it was late. 9 Ricalde, then 31 years old, 10 is a distant relative and textmate of XXX, then 10 years old. On January 30, 2002, XXX requested his mother to pick up Ricalde at McDonald’s Bel-Air, Sta. The facts as found by the lower courts follow. 6 The prosecution presented the victim (XXX), 7 his mother, and the medico-legal as witnesses, while the defense presented Ricalde as its sole witness. Ricalde pleaded not guilty during his arraignment on August 21, 2002. Rosa, Province of Laguna, Philippines, and within the jurisdiction of this Honorable Court, accused Richard Ricalde, prompted with lewd design, did then and there willfully, unlawfully and feloniously inserting his penis into the anus of XXX who was then ten (10) years of age against his will and consent, to his damage and prejudice. That on or about January 31, 2002, in the Municipality of Sta. The Provincial Prosecutor of Biñan, Laguna filed an Information charging Ricalde of rape through sexual assault: This is a Petition for Review 2 assailing the Court of Appeals’ AugDecision 3 affirming Ricalde’s conviction for rape through sexual assault and JanuResolution 4 denying reconsideration. Accused Richard Ricalde (Ricalde) was charged with rape as described under the second paragraph of Section 266-A of the Revised Penal Code, committed "y any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person." 1
īefore us is a criminal case for rape through sexual assault committed against a 10-year-old boy. ♦ Concurring and Dissenting Opinion, Velasco, Jr. People of the Philippines, GR No 211002, January 21, 2015
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