G.R. No. 137288 - PEOPLE OF THE PHILIPPINES, VS. DANILO ABINO Y ADVINCULA.DECISION - Supreme Court E-Library

Ruling

ACCORDINGLY, this Court finds accused Danilo Abino y Advincula GUILTY beyond reasonable doubt of the crime of rape as defined and penalized under Article 335 of the Revised Penal Code, as amended, and hereby sentences him to suffer the penalty of death . "Accused is further directed to indemnify the offended party, Daniela Abino, the sum of FIFTY THOUSAND (P50,000.00) PESOS as and for moral damages. "With costs against the accused." [2] The information [3] against appellant reads as follows: "That on or about April 6, 1996, in the Municipality of Los Banos, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused did then and there have carnal knowledge of his daughter, the minor DANIELA ABINO y MERCADO, who was then asleep and unconscious, against her will and consent, to her damage and prejudice." With the assistance of his counsel, [4] appellant pleaded not guilty when arraigned on July 10, 1998. [5] In due course, the latter was tried and convicted of qualified rape. The Facts Version of the Prosecution The Office of the Solicitor General summarized the evidence for the prosecution in this wise: [6] "1. Fourteen-year old Daniela Abino lived with her father, appellant Danilo Abino, at Agua Santa, an old resort located in Bambang, Los Baños, Laguna. Appellant was a member of the Los Baños task force on market security, assigned to night shift duty at the market. Daniela's mother no longer lived with them as she had another family "2. On the evening of April 6, 1996, appellant came home drunk He took a bath and told Daniela to prepare his things for the market Daniela obeyed him and went to the second floor of their house to fix her father's things. Appellant followed Daniela clad only in his underwear with a towel wrapped around his waist. He embraced Daniela and pressed his penis against her buttocks. Daniela pulled herself away from appellant and went downstairs. "3. When appellant went down, Daniela told him that she was no longer going with him to his office. Appellant said nothing and left for work. Daniela stayed at the first floor of their house until she decided to go to bed and went upstairs. "4. Daniela was fast asleep in her bed when she felt somebody on top of her and kissing her. She opened her eyes and saw appellant who was naked. Daniela found herself naked too as she no longer had her panty and shorts on. When Daniela woke up and moved, appellant stood up, dressed himself and then left. Daniela felt intense pain in her vagina and cried. "5. Daniela put on her panty and tried to sleep, but sleep escaped her and she kept on crying. The following morning, she prepared herself for school and cooked rice. Daniela, however, did not go to school that day and stayed at home. "6. Daniela did not immediately tell anybody about what appellant did to her. She stayed with him for about seventeen months more or until September 1997. However, Daniela eventually decided to run away from home because she wa