G.R. Nos. 135234-38 - PEOPLE OF THE PHILIPPINES, VS. ALEJANDRO GUNTANG Y GAPOS, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds ALEJANDRO GUNTANG guilty beyond reasonable doubt of INCESTUOUS RAPE aggravated by relationship where the victim is below 18 years old under Article 335 of the Revised Penal Code, in relation to Republic Act 7659 and the Court sentences ALEJANDRO GUNTANG, as follows: "1. In CRIM. CASE NO. U-9560, to suffer the penalty of DEATH. To indemnify Lizabeth Guntang the sum of P50,000.00 as moral damages and another sum of P20,000.00 as exemplary damages; "2. In CRIM. CASE NO. U-9561 to suffer the penalty of DEATH. To indemnify Lizabeth Guntang the sum of P50,000.00 as moral damages and another sum of P20,000.00 as exemplary damages; "3 .In CRIM. CASE NO. U-9562 to suffer the penalty of DEATH. To indemnify Lizabeth Guntang the sum of P50,000.00 as moral damages and another sum of P20,000.00 as exemplary damages; "4. In CRIM. CASE NO. U-9563 to suffer the penalty of DEATH. To indemnify Lizabeth Guntang the sum of P50,00.00 as moral damages and another sum of P20,000.00 as exemplary damages; "5. In CRIM. CASE NO. U-9564 to suffer the penalty of DEATH. To indemnify Lizabeth Guntang the sum of P50,000.00 as moral damages and another sum of P20,000.00 as exemplary damages." [6] Bewailing his conviction in this automatic review, accused-appellant Guntang would have the trial court faulted for relying on the testimony of Lizabeth. In the review of death penalty cases, the Court keeps in mind, like always, that there can be no stake greater and no penalty more severe than the termination of a human life. Most unfortunately for accused-appellant, a painstaking study of the records has revealed no serious flaw in the testimony of the complainant nor in the conclusions reached by the trial court. Recited in full, hereunder, is the testimony plainly given by Lizabeth at the witness stand. "FISCAL MENESES: [O]n said date, November 24, 1997 in the morning at approximately 11:00 o'clock A.M., where were you at that time, Madam Witness? "A I was in the second floor of our house sir. "Q What were you doing then? "A I was taking care of my little brother, sir. "COURT: What is the occupation of your father? "A He is a farmer, sir. "Q About your mother? "A She is a mango fruit picker, sir. "COURT: Go ahead. "FISCAL MENESES: "Q Was there an unusual incident or event that took place on you on said date and time? "A There was, sir. "Q What was that incident all about, Madam Witness? "A My father raped me, sir. "Q How did this happen? "A While I was taking care of my younger brother, he called on me, sir. "Q Who is this younger brother that you were taking care of that time? "A Adriano, sir. "Q After calling you, what happened next? "A He called me and he put his organ to my organ, sir. "Q Where was your father when he called you? "A Downstairs, sir. "Q Are you trying to say to us that your house consists of first and second floors? A Yes, sir. "COURT: While attending to your brother Adriano, you said your father called you, is that correct? "A Yes, sir