G.R. Nos. 133008-24 - PEOPLE OF THE PHILIPPINES, VS. VIRGILIO RODAVIA Y TOXON.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, accused Virgilio Rodavia y Toxon is hereby found GUILTY beyond reasonable doubt of seventeen (17) counts of the crime of Rape (Criminal Cases Nos. 449-95 to 452-95, 439-95 to 444-95, 428-95, 430-95, 431-95, 432-95, 434-95, 436-95 and 437-95) and is hereby imposed the penalty of DEATH for each act of Rape. He is further ordered to indemnify Michelle Rodavia in the amount of P50,000.00 for each act or P850,000.00 In addition, accused is ordered to pay Michelle Rodavia the amount of P10,000.00 as moral damages and P5,000.00 as exemplary damages for each count of rape or the total amount P255,000.00. [5] The Office of the Solicitor General, in its Brief, narrates how the 17 acts of rape were committed by appellant against his own daughter in a methodical and almost routinary manner thusly: The Rodavia family lived at Caramoan, Camarines Sur, Bicol until April 20, 1995 when accused-appellant Virgilio Rodavio, his daughter-victim Michel[l]e Rodavia and two (2) sons, Leon Rodavia, age 10 years old, and Joel Rodavia, age 8 years old, leaving behind his (appellants) wife Elvira Castillo in Caramoan, Camarines Sur, left for San Salvador, Lipa City, Batangas where they stayed with one uncle Romy for a week. Thereafter, Virgilio, Michelle, Leon and Joel transferred to the house owned by Virgilios employer, also in San Salvador, Lipa City, Batangas. On May 1, 1995, after taking their supper at about seven oclock in the evening, Virgilio called Michelle to his room and told her to undress. Michelle refused to follow his orders, thus, Virgilio himself removed her shorts and panty. He forced her to lie down, went on top of her and forced his penis into her vagina. She cried as he made pumping movements and kissed her. After which, he stood up, wiped his penis and left her. She herself stood up, and went to the other room where her two brothers were already sleeping at the time of the incident. On May 2,1995, at about 7 oclock in the evening, Virgilio again called Michelle to his room and told her to give him a massage. Despite the May 1, 1995 Incident, she went to his room out of fear that he would hurt her since he kept a knife inside his room. Upon entering his room, he told (her) to undress and as she was about to go out of the room, he pulled her back. While she was standing, he undressed her by removing her shorts and panty. He pushed her to a lying position, undressed himself, went on top of her, and had sexual intercourse with her. She tried to push him away but to no avail. She could only cry. After satisfying his lust, he stood up, wiped his penis and left. Michelle then went to the other room. x x x. In the evening of May 3, 1995, after taking their supper, Virgilio called Michelle thrice to his room but she did not go, so he pulled her to his room. At that time, he was only wearing briefs and he told her to undress. She tried to go out of the room but he slapped her on her right cheek. She cried and sat down on