G.R. No. 135053 - PEOPLE OF THE PHILIPPINES VS. BENJAMIN GALVEZ.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, finding the accused Benjamin Galvez y Domingo GUILTY beyond reasonable doubt of committing rape against his own daughter, 16 years old at the time of the rape, he is hereby sentenced to die by lethal injection; to pay the victim the sum of P50,000.00 as civil indemnity and to pay the costs of the suit. [2] The Facts In its Brief, [3] the Office of the Solicitor General presents the following narration of facts: Cristina Galvez was born on May 10, 1981. She, her father, Benjamin Galvez, the appellant herein, together with her five (5) siblings, resided at Tuao South, Bagabag, Nueva Vizcaya. Sometime in the third week of April 1997, about 6:00 oclock in the evening, Cristina, who was then sixteen (16) years old, and her youngest sister, Melowin, were sleeping beside each other on the bed. Their bed was beside an aparador and Cristina slept on the side nearest to the aparador. Appellants bed was beside the door and was just near the bed where Cristina and Melowin were sleeping. Three (3) of their brothers were also asleep in the house, namely, Melchor, 13 years old, Alvin, 12 years old, and Jesus, 9 years old, while their 19 year-old brother was at a neighbors house watching television. Their mother, Marilyn Galvez, was not with them as she was in Hongkong at that time. That night, appellant, who was drunk, arrived and then ate. After eating, he went to lie down on his bed. After a lapse of thirty (30) minutes, appellant went to lie down on the bed where Cristina and Melowin were sleeping. He positioned himself on the right side of Cristina, slowly lifting and moving Melowin, who was asleep beside Cristina, away from her sisters side. Then, he slowly removed Cristinas shorts and shirt and began touching her on all parts of her body. He positioned himself on top of her but she kicked him, causing him to be thrown against the aparador. Apparently hurt and angered, he pulled his samurai from under his mat and pointed it towards the left front portion between her breast and her armpit. Scared, she was immobilized. She knew of her fathers capacity to kill her because she had previously witnessed how he almost killed their mother when the latter was still with them before she left for Hongkong. Appellant completely undressed himself, started to kiss her, and forcibly inserted his sexual organ into hers and did a pumping motion. Before leaving her to sleep on his bed, he threatened to kill her if she would report what he did to her, warning that he would also include the one whom she would report to. She felt pain on her body, including her private parts. She also saw a small quantity of blood coming from her vagina. On April 28, 1997, appellant repeated the dastardly act on his daughter, Cristina. This time, he already held the samurai, pointing it towards her neck when he went near her. Afraid, she had to allow appellant to undress her without a struggle and he successfully had sexual intercourse with her. He thereafter regularly ra