A 75-year-old Bacoleño was sentenced yesterday to 15 years imprisonment for the rape of his then 6-year-old neighbor who had gone to his house to watch television on Jan. 1, 2005.
Bacolod Regional Trial Court, Branch 41 Judge Ray Alan Drilon sentenced Edwardo Fernandez, to seven years minimum to 15 years as maximum imprisonment, and to pay his victim P30,000 as civil indemnity and P30,000 as moral damages.
“The court is thoroughly convinced of the credible, straightforward and direct testimony of the child victim who testified in no uncertain terms, that she was sexually abused by the accused by inserting his finger in her vagina,” the judge said.
“This child of tender years, could not have been coached or tutored to give false testimony against the accused, for such could easily be discovered by rigorous cross examination,” he added.
The denial of Fernandez was much too weak and the medical evidence of the prosecution showed that the child had a history of fingering that proves that she was sexually violated, Drilon added.
The accused was charged with sexual assault which is a form of rape under Article 266-A of the Revised Penal Code, the judge said.*CPG