G.R. No. 147033 - PEOPLE OF THE PHILIPPINES, VS. MARIO UMAYAM.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, finding the accused guilty beyond reasonable doubt of the crime of rape, [the Court] hereby sentence[s him] to suffer the supreme penalty of DEATH and to indemnify the victim AAA of P75,000.00 plus the sum of P50,000.00 as moral damages and the sum of P50,000.00 as exemplary damages and to pay the costs. [2] The January 16, 1998 Information [3] charged appellant as follows: That on or about the 31 st day of May, 1997, and for sometimes prior thereto, in the [M]unicipality of Ilagan, [P]rovince of Isabela, Philippines, and within the jurisdiction of this Honorable Court, the said accused, by means of force, intimidation and with lewd designs, did then and there, willfully, unlawfully and feloniously, have carnal knowledge with his own daughter AAA , a girl of 15 years of age and subjecting her to exploitation and sexual abuse, against her will and consent. [4] When arraigned on April 1, 1998, appellant, with the assistance of his counsel de oficio , [5] pleaded not guilty. [6] After trial in due course, appellant was found guilty of qualified rape. The Facts Version of the Prosecution In its Brief, [7] the Office of the Solicitor General (OSG) summarized the prosecutions version of the facts in the following manner: 1. AAA, then fifteen years old, was barely eight (8) years old when her father, appellant Mario Umayam, started sexually abusing her. The first sexual assault occurred in the sala of their residence at Calamagui 2 nd , Ilagan, Isabela, while she was sleeping. It was the day that her older sister Irma, who had passed away, was buried. AAA was reportedly mentally retarded but she had the capacity to understand and recollect. 2. Appellant repeatedly sexually abused his daughter. At the age of nine years, AAA was again raped by appellant. The repeated sexual abuse continued for several years and took place in their residence in Calamagui , Ilagan, Isabela. During these rapes, appellant threatened to kill AAA if she told anyone about the sexual assault. AAA believed her father and did not report the rapes. 3. The last rape occurred on May 31, 1997, at eight oclock in the evening. AAA was fourteen years old and a grade V pupil at the Ilagan South Central School at Ilagan, Isabela. That night, AAA was sleeping on a wooden bed which she shared with her mentally ill mother, Brigida . They slept in a room where appellant, AAAs Aunt Evelyn and AAAs elder brother Pascual also slept. 4. AAA was roused from her sleep when appellant took off her clothes, tickled her private parts and inserted his penis into her vagina. Appellant made a push-and-pull movement and stayed on top of AAA for about ten minutes. After satisfying his lust, appellant went back to sleep. AAA, who felt excruciating pain after being ravished, cried herself to sleep. 5. Appellants misdeeds were eventually discovered when Evelyn witnessed appellant kissing AAA and mashing her breast. Evelyn , who was the wife of appellants brother, reported the sexual ab