Cited Laws
TL;DR — Ruling
WHEREFORE, premises considered, this court finds accused Carlos Bation y Alamag guilty beyond reasonable doubt of the crime of Rape defined and penalized under Article 335 of the revised penal code, as amended, particularly by Republic Act 7659, and without considering any mitigating and/or aggravating circumstances, it being a statutory provision, accused Carlos Bation y Alamag is hereby sentenced to DEATH. He is further ordered to indemnify the victim, Rosemarie Bation, the sum of P50,000.
WHEREFORE, premises considered, this court finds accused Carlos Bation y Alamag guilty beyond reasonable doubt of the crime of Rape defined and penalized under Article 335 of the revised penal code, as amended, particularly by Republic Act 7659, and without considering any mitigating and/or aggravating circumstances, it being a statutory provision, accused Carlos Bation y Alamag is hereby sentenced to DEATH. He is further ordered to indemnify the victim, Rosemarie Bation, the sum of P50,000.00 and to pay the costs. The information charging Carlos Bation y Alamag for raping his 13-year old daughter reads as follows: That on or about August 18, 1994, at about 10:00 o'clock in the evening, more or less in barangay Corrales, municipality of Jimenez, province of Misamis Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused by means of force and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge of his own daughter Rosemarie Bation, 13 years of age against her will. CONTRARY TO LAW, with the presence of attendant circumstance of age of the private offended party Rosemarie L. Bation, being 13 years old and below 18 and relationship of the said private offended party with the accused Carlos Bation y Alamag, the latter being the father of the former. Oroquieta City, Philippines, December 2, 1994. Upon arraignment, accused-appellant pleaded not guilty. Rosemarie Bation is the eldest of three children of Carlos Bation and Claudia Lapinig. Her parents lived in Carmen, Jimenez, Misamis Occidental, while she stayed with her grandmother Maria Lapinig at Taraka, Jimenez, Misamis Occidental where she was attending school, She was a second year high school student at St. John the Baptist. In the evening of August 18, 1994, her father went to visit her. They talked about her examinations which she was having during that time in school. At about 10:00 p.m., Carlos Bation invited her to go with him to the house of one Lourdes Cabalog residing in Barangay Corrales, Jimenez, Misamis Occidental which was just about one (1) kilometer away to get some clothes. Rosemarie wanted to bring along her sister to accompany her but Carlos objected. [1] Upon reaching the house of Lourdes Cabalog, only Carlos entered the house while Rosemarie waited outside. After Carlos finished with his alleged errand, they both headed back for home. While walking, Carlos suddenly stopped by at a Marang tree and called Rosemarie to come near him. His father was acting so strangely that she suddenly got scared, So instead of obeying, Rosemarie ran away from him. Carlos Bation ran after her and overtook her. Carlos held her tightly and brought her to a banana hill. Rosemarie struggled to free herself but to no avail. Her father who was definitely bigger than her threatened to kill her. At the banana hill, Carlos Bation forced Rosemarie to lie down on a pile of palay husk. Carlos Bation raised her skirt, opened t