G.R. No. 140676 - PEOPLE OF THE PHILIPPINES, VS. JAIME GONZALES Y PALLER.

Ruling

WHEREFORE, judgment is rendered finding accused Jaime Gonzales y Paller GUILTY of Rape beyond reasonable doubt, which is punished under Article 335, as amended, with death. Accused Jaime Gonzales y Paller is hereby sentenced to die by the method provided for by law and to pay Maryann Gonzales y Aboga the sum of P100,000.00. [2] The February 8, 1996 Information [3] against appellant was worded as follows: [4] That on or about the 29th day of January, 1996, in the Municipality of Las Piñas, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously have carnal knowledge [of] her daughter of tender age, Mary-ann Gonzales y Aboga who is eleven (11) years of age, against her will and consent. [5] When arraigned on March 4, 1996, appellant, with the assistance of his counsel de oficio , [6] pleaded not guilty. [7] After pretrial and due trial, appellant was found guilty of qualified rape. The Facts Version of the Prosecution In its Brief, [8] the Office of the Solicitor General (OSG) summarized the facts in the following manner: The victim Maryann Gonzales y Aboga is the daughter of appellant Jaime Gonzales. She was born on April 8, 1984. Sometime in December of the year 1995, her mother left for Kuwait to work. Maryann was left with her father, herein appellant, and her five (5) younger brothers at their residence in Bernabe Compound, Las Piñas. On January 29, 1996, around 1:00 in the morning, appellant arrived home drunk. He roused Maryann from her sleep and ordered her to prepare milk for her baby brother who was then crying. As she rose from the bed from a nakatagilid position, she noticed her skirt had been lifted up. However, she did what appellant told her to do and went down to prepare the milk for her baby brother. Thereafter, appellant ordered Maryann to put off the light as he removed his pants. He ordered her to undress to which she refused. But appellant pulled her and she became so afraid of him that she complied and removed her dress. He then placed himself on top of her and put a substance in her vagina afterwhich he inserted his penis into her vagina. She felt pain. After he was finished, a substance came out from her vagina which she did not know what it was. After satisfying his lust, appellant told Maryann that he would kill her if she reported the incident to anyone. Maryann cried a lot. Later that morning when Maryann woke up, all the things on the beddings were already gone. When she urinated, she felt pain. She went to school but upon arriving thereat she felt as if she was out of her mind. Her teacher called her attention and told her that her mind was blank. Notwithstanding appellants threats, Maryann reported the sexual abuse to the aunt of her mother, Pacita Resco, and to a friend of her mother, Nenita Polintan. On February 5, 1996, Resco and Polintan accompanied the victim to the Las Piñas Police Station where