Ama, pinatawan ng BITAY matapos gahasain ang 6 años na anak na babae
That sometime in the evening of the 26th day of August, 2002, at x x x and within the jurisdiction of this Honorable Court, the above-named accused, moved by lewd design, did then and there willfully, unlawfully and feloniously have carnal knowledge with his own daughter, "AAA" who is a minor 6 years of age, that resulted to devirginizing her and causing her great dishonor.
That sometime in the evening of the 27th day of August, 2002, at x x x and within the jurisdiction of this Honorable Court, the above-named accused, with deliberate intent and with lewd design, did then and there willfully, unlawfully and feloniously let his own daughter, "AAA" who is a minor 6 years of age, masturbate his penis, which act is constitutive of physical abuse which debases, degrades or demeans the intrinsic worth and dignity of the victim as a human being.
The evidence for the State discloses that "AAA" who was then only six-years old was sleeping inside their house on August 26, 2002 when her father, herein accused-appellant raped her. He undressed her and removed her panty. He also took off his pants. He inserted his penis into her vagina and made push and pull movements. She felt pain in her private organ. Her mother was not around as it was only her and her father who were home.
WHEREFORE, in view of the foregoing premises, the court finds accused, EDGAR PADIGOS, GUILTY beyond reasonable doubt of RAPE in relation to R.A. 7610 and, considering the aggravating qualifying circumstance of relationship to and minority of the victim, imposes upon him the supreme penalty of DEATH by lethal injection. (G.R. No. 181202; December 5, 2012)
The evidence for the State discloses that "AAA" who was then only six-years old was sleeping inside their house on August 26, 2002 when her father, herein accused-appellant raped her. He undressed her and removed her panty. He also took off his pants. He inserted his penis into her vagina and made push and pull movements. She felt pain in her private organ. Her mother was not around as it was only her and her father who were home.
WHEREFORE, in view of the foregoing premises, the court finds accused, EDGAR PADIGOS, GUILTY beyond reasonable doubt of RAPE in relation to R.A. 7610 and, considering the aggravating qualifying circumstance of relationship to and minority of the victim, imposes upon him the supreme penalty of DEATH by lethal injection. (G.R. No. 181202; December 5, 2012)
