G.R. Nos. 134769-71 - PEOPLE OF THE PHILIPPINES, VS. ROBERTO BATION, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the Court hereby sentences accused Roberto Bation to suffer the supreme penalty of DEATH each in the three (3) criminal cases (Criminal Case Nos. S-2529, S-2530 and S-2531) and to indemnify the offended party the amount of P50,000.00 in each Criminal case or the total amount of P150,000.00; pay P10,000.00 as moral damages in each Criminal case or the total amount of P30,000.00 justified under Article 2219 (3) of the Civil Code; pay P30,000.00 in each case or the total amount of P90,000.00 as exemplary damages in order to deter other fathers with perverse tendencies or aberrant sexual behavior from sexually abusing their own daughters (People vs. Antipona, G.R. No. 119071, June 1997) and to support the offspring, if there is any (People v. Bayani, 262 SCRA 660)." [23] Hence, this automatic review with the lone assignment of error, viz : THE TRIAL COURT ERRED IN FINDING THE ACCUSED GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF QUALIFIED RAPE ON THREE (3) COUNTS. The rapes alleged in the cases at bar were committed in 1994. At that time, the law on rape, Art. 335 of the Revised Penal Code, as amended by R.A. 7659, read in relevant part, viz : "Art. 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances: a) By using force or intimidation; b) When the woman is deprived of reason or otherwise unconscious; and c) When the woman is under twelve years of age or is demented. The crime of rape shall be punished by reclusion perpetua . xxx The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances: 1. when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. xxx" The testimony of the victim, Editha, shows that the accused succeeded in having carnal knowledge of her on three separate occasions under threatening and intimidating circumstances, viz : "Q: Who were your companions in Mauswagon, Godod, Zamboanga del Norte on July 16, 1994? A: With (sic) my father. Q: Only the 2 of you? A: Yes, Ma'am. Q: What about in the midnight of July 16, 1994, where were you? A: In our house. Q: You are referring to Mauswagon? A: Yes, Ma'am. Q: What have (sic) you notice at that particular time or that particular day/date? A: He raped me. Q: Who raped you? A: My father. Q: Why, what did you find out when you woke up at that time? A: When I woke up he was already on top of me. Q: What did he do when he was on top of you? A: He inserted his penis into my vagina. Q: What did you feel when he inserted his penis into your vagina? A: I was afraid. Q: Did you not feel pain? A: I feel (sic) pain. Q: Why were you afraid aside from feeling pain? A: He warned me not to tell anybody, if I will reveal it he will (sic) kill me and my mot