Cited Laws
TL;DR — Ruling
WHEREFORE, premises considered, the COURT finds the accused guilty beyond reasonable doubt of the crime of RAPE under Article 335 as amended by Sec. II, R.A. 7659 in Criminal Case No.
WHEREFORE, premises considered, the COURT finds the accused guilty beyond reasonable doubt of the crime of RAPE under Article 335 as amended by Sec. II, R.A. 7659 in Criminal Case No. 97-4363 and hereby sentences him the maximum penalty of death and to pay the offended party the amount of P50,000.00 as civil indemnity; to pay the amount of P10,000.00 as moral damages, and the amount of P10,000.00 as exemplary damages without subsidiary imprisonment in case of insolvency and to pay the cost. "As to Crim. Case No. 97-4362, on reasonable doubt, the accused is hereby acquitted. "With cost de oficio ." [6] The case has been forwarded to this Court for its review. Closely examining the records, the Court finds hardly anything of substance or significance that can warrant a reversal of the finding of the court a quo that indeed accused-appellant has violated his own daughter. The testimony of private complainant was unflinching and straightforward. With tears of anguish, she was able to convincingly narrate the ordeal she had been through. No nefarious motive was shown that would have impelled her to testify falsely against her own father. She testified thusly: "Q. When did the first time that he raped you happen? "A. On November 6, 1995. "Q. Where did that happen? "A. In the house of Magno. "Q. Who were your companions in that house? "A. We, the siblings and our father. "Q. Who owns that house? "A. Magno. "Q And you are only renting that place? "A. We borrowed it. "Q. Let us go to that incident that you said that your father raped you on November 6. What time did that rape happen? "A. Between 9:00 o'clock and 10:00 o'clock in the evening. "Q. What were you doing then? "A. I was asleep. "Q. Then what happened? "A. When my father arrived, he was drunk and he asked food, so I set the table for him, but when I set the table for him, he threw the food away. "Q. What happened after that? "A. He slapped me and I fell down on my back and when I fell down on my back, he placed himself on top of me. "Q. What were you wearing at that precise time? "A . I was wearing a skirt and my upper dress was a T-shirt with red stripes. "Q. Now, let us go this one by one. After you fell, what did your father do to you? "A. When I fell on my back, he removed my panty. "Q. What else happened after he removed your panty? "A He inserted his penis to my vagina. "Q What were you doing while your father was doing these things to you? "A. I was crying. "Q. And did you not try to ward him off? "A I tried to move away but he poked his knife on me. "Q. What did you feel after your father inserted his penis into your vagina? "A. It was very painful. "Q. You said that you were then with your siblings. Were they awakened? "A. My youngest sister was with me because my elder sister was sleeping in the house of my auntie. "Q. How old was your youngest sister? "A. Eight (8) years old. "Q. Now, after your father had carnal knowledge with you, what did he do? "A. He told me to dress up and the f