G.R. Nos. 140734-35 - PEOPLE OF THE PHILIPPINES, VS. ERNESTO P.

Ruling

WHEREFORE, judgment is hereby rendered as follows: IN Criminal Case No. S-2800, ACCUSED Ernesto Padao is found guilty beyond reasonable doubt of Incestuous Rape and is sentenced to suffer the mandatory penalty of DEATH and to indemnify the offended party Ruth D. Padao P75,000.00 (People vs. Panis, G.R. No. 127903, July 9, 1998). COSTS de oficio. IN Criminal Case No. S-2801, ACCUSED Ernesto P. Padao is found guilty beyond reasonable doubt of Incestuous Rape and is sentenced to suffer RECLUSION PERPETUA and to indemnify the offended party Ruth D. Padao P75,000.00 (People vs. Panis, G.R. No. 127903, July 9, 1998) COSTS de oficio. [2] During his arraignment on February 14, 1997, appellant, with the assistance of his counsel, [3] pled not guilty to the rape charges. [4] In two (2) separate Informations both dated October 3, 1996, appellant was accused of raping his daughter as follows: In Criminal Case No. S-2800 That, in the morning, on or about the 8th day of July, 1996, in the [M]unicipality of Salug, Zamboanga del Norte, within the jurisdiction of this Honorable Court, the said accused, armed with a hunting knife, moved by lewd and unchaste desire and by means of force, violence and intimidation, did then and there wilfully, unlawfully and feloniously succeed in having sexual intercourse with one RUTH D. PADAO, his 15 year old daughter, against her will and without her consent. CONTRARY TO LAW (Viol. Of Art. 335, Revised Penal Code), with the aggravating circumstance of the use of deadly weapon. [5] In Criminal Case No. S-2801 That, in the morning, on or about the 20th day of September, 1993, in the [M]unicipality of Salug, Zamboanga del Norte, within the jurisdiction of this Honorable Court, the said accused, armed with a hunting knife, moved by lewd and unchaste desire and by means of force, violence and intimidation, did then and there wilfully, unlawfully and feloniously succeed in having sexual intercourse with one RUTH D. PADAO, his 15 year old daughter, against her will and without her consent. CONTRARY TO LAW (Viol. of Art. 335, Revised Penal Code), with the aggravating [circumstance of the use] of deadly weapon. [6] The Facts Version of the Prosecution The Office of the Solicitor General (OSG) presents the facts of the case as follows: At around 3:00 a.m. of September 20, 1993, Ruth D. Padao was awakened by the arrival of her father, appellant in the instant case. She noticed appellant turn off the light provided by the kerosene lamp hanging at the wall. Appellant walked towards Ruth, hugged her, then pointed a hunting knife at her neck and thereafter, removed her underwear. Appellant mounted himself on top of Ruth and proceeded to have carnal knowledge with his own daughter. Afterwards, appellant threatened Ruth with death should she mention the incident to anyone. Several years later, the incident happened again. At around 7:00 a.m. of July 8, 1996, appellant went towards Ruth who was then ill and while the latters mother