This case has been cited 1 times or more.
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2003-07-17 |
CORONA, J. |
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| Pursuant to Article 47, RPC, as amended, let the whole original records of these two (2) cases be forwarded to the Honorable Supreme Court, for automatic review.[5] In his brief[6] before this Court, the appellant raises a lone assignment of error:THE TRIAL COURT GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT OF THE CRIMES CHARGED. In essence, appellant assails the credibility of the private complainant whose behavior, according to him, was not consistent with that of a rape victim's. He theorizes that private complainant would not have nonchalantly stayed at home to cook rice and wash clothes if indeed she had been raped. Likewise, the medical certificate did not show any spermatozoa in Ailyn's private part while the healed hymenal lacerations in her vagina, per se, did not prove sexual intercourse. Appellant insists that he merely touched his daughter's private part on the mistaken assumption that he was doing it to his paramour. Upon realizing his mistake, appellant immediately desisted and even asked for forgiveness. | |||||