G.R. No. 134767 - PEOPLE OF THE PHILIPPINES, VS. ROLLY ESPEJON.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, this court finds, viz: In Criminal Case No. 8324, the guilt of accused Rolly Espejon having been established by proof beyond reasonable doubt for the crime of RAPE committed by a father against his daughter Jovelyn A. Espejon who is under eighteen (18) years of age at the time of the commission of the crime, said accused is hereby sentenced to DEATH and to pay Jovelyn Espejon and her mother the sum of P50,000.00. In Criminal Case No. 8379, for lack of jurisdiction over the case against accused Rolly Espejon, the same is hereby ordered DISMISSED . [2] Two separate Informations dated January 29, 1997 and February 28, 1997 charged appellant with rape allegedly committed as follows: Criminal Case No. 8324: That sometime in the year 1995 and subsequent thereto, at Sitio Matungao, Municipality of Masbate, Province of Masbate, Philippines, within the jurisdiction of this Honorable Court, the above-named accused, being the father and with moral ascendancy, with lewd design, by means of violence and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge [of] Jovelyn A. Espejon against her will and consent. [3] Criminal Case No. 8379: That sometime in the year 1982 and dates subsequent thereto, at Sitio Matungao, Barangay Tugbo, Municipality of Masbate, Province of Masbate, Philippines, within the jurisdiction of this Honorable Court, the above-named accused, with lewd design, and by means of force and intimidation, did then and there wilfully, unlawfully and feloniously [have] sexual intercourse with his own daughter, Lilibeth A. Espejon, against her will. [4] Assisted by his counsel, [5] appellant pleaded not guilty during his arraignment on May 14, 1997. [6] After a joint trial, the court a quo rendered its now-appealed Decision finding him guilty of rape in Criminal Case No. 8324 and dismissing Criminal Case No. 8379 for lack of jurisdiction. The Facts Version of the Prosecution The Office of the Solicitor General, in its Brief, [7] presents the factual incidents of the case in this manner: Appellant Rolly Espejon and his wife Elsie Abellar got married sometime in 1974. They were blessed with nine [9] children consisting of five [5] daughters and four [4] sons. This picture of a seemingly wholesome and happy family was shattered upon complaint of two [2] daughters, herein private complainants Jovelyn and Lilibeth Espejon, that appellant, their own father, had been sexually molesting them. Jovelyn recalls that appellant first raped her sometime in 1995 while she was only thirteen [13] years of age. At that time, her elder brother and sister were in Manila, and her mother was attending to the wake of her grandfather some 500 meters away from their house at Sitio Matungao, Tugbo, Masbate, Masbate. Appellant came home that night when Jovelyns younger brothers and sisters were already fast asleep. He approached Jovelyn who was sleeping near the east portion of the gabay, about