472 Phil. 37
SANDOVAL-GUTIERREZ, J.:
“That on or about (August 25, 1995 – in Criminal Case No. 19-970; August 30, 1995 – in Criminal Case No. 19-972; October 11, 1995 – in Criminal Case No. 19-973; October 18, 1995 – in Criminal Case No. 19-974; and April 21, 1996 – in Criminal Case No. 19-975), in the municipality of Angadanan, province of Isabela, Philippines, and within the jurisdiction of this Honorable Court, said accused, Rogelio Layugan, did then and there willfully, unlawfully and feloniously have carnal knowledge with his own daughter, Evelyn Layugan, a fourteen-year old girl, against her will and consent.Upon being arraigned, appellant, assisted by counsel, entered a plea of “Not guilty” to each of the crimes charged. A joint trial commenced thereafter.
”Contrary to Law.”
“Nature Of Incident:Appellant, upon the other hand, interposed the defenses of alibi and denial. He testified that he could not have committed the crimes charged since he never slept in their house during the dates in question. At that time, he worked as caretaker of Rebecca Tamani’s farm situated about 100 meters away from his house. He further testified that he loves his children and, therefore, could not have sexually abused his own daughter. He admitted that he killed his own eldest son, Eriberto, resulting in his detention for two years at the Provincial Jail.[13]
Alleged rape by Evelyn Layugan’s own father.
Pertinent Physical Findings:
Presence of a fresh laceration, reddish in appearance, at the lower end portion of her vagina located at 4:30 o’clock position. Also noted was old laceration of her hymen at 3:00 o’clock position.” (Underscoring ours)
“WHEREFORE, in view of the foregoing considerations and finding the accused Rogelio Layugan y Furuc guilty beyond reasonable doubt of the five counts of rape charged in the Informations, judgment is hereby rendered sentencing him to suffer the death penalty in each case, or a total of five (5) death penalties, and to indemnify the victim in the amount of P100,000.00 as moral damages.In his Brief, appellant claims that the trial court committed the following lone error:
”SO ORDERED.”[14]
“THE COURT A QUO ERRED IN FINDING THAT THE GUILT OF THE ACCUSED FOR THE CRIMES CHARGED HAS BEEN PROVED BEYOND REASONABLE DOUBT.”Upon the other hand, the Solicitor General, in his Appellee’s Brief, disputed appellant’s claim and prayed that the trial court’s Joint Decision be affirmed.
“Article 335. When and how rape is committed. – Rape is committed by having carnal knowledge of a woman under any of the following circumstances:For the charge of rape to prosper under the above provisions, it is required that (1) the offender had carnal knowledge of a woman; and (2) he accomplished such act through force or intimidation upon her; or when she is deprived of reason or otherwise unconscious; or when she is under 12 years of age or is demented.[16]The crime of rape shall be punished by reclusion perpetua.
- By using force or intimidation;
- When the woman is deprived of reason or otherwise unconscious; and
- When the woman is under twelve years of age or is demented.
x x x
The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:x x x.” (Underscoring ours)
- 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.
Evelyn’s story of her harrowing experiences in the hands of appellant, her own father, exhibits the marks of a credible testimony coming from a truthful witness and, therefore, must be given full faith and credit. She exuded an unmistakable aura of complete innocence and simplicity as a barrio lass, obviously unexposed to worldly lusts, as indicated by her curt but frank and straightforward answers to the questions describing how she was sexually abused five times by her father. She was definitely sincere and forthright when she declared that on August 25 and 30, 1995, October 11 and 18, 1995, and April 21, 1996, appellant, in order to satisfy his bestial desires, used forced and intimidation when he undressed her, removed her underwear, and inserted his penis inside her vagina. Her boldness in facing a public trial, unmindful of the humiliating ordeals she unfolded as she positively identified her own father as the perpetrator, obviously demonstrates her genuine desire to seek justice.
1. Rape committed on August 25, 1995 –“Q At around 10:00 o’clock in the evening of August 25, 1995, do you remember if there was any unusual incident that happened at your house at Aniog, Angadanan, Isabela?A Yes, sir. x x xQ What was that incident that happened on August 25, 1995?A My father abused me, sir.Q What do you mean by your father abused you?A Ginalaw po ako ng tatay ko.Q What do you mean by your father abused you?A My father abused me. He raped me, sir.PROSECUTOR MENDOZA: I noticed your Honor, that the witness also said hinubaran niya ako.A He undressed me and raped me, sir.Q What did you do when your father was removing your dress?A I cannot do anything because he was stronger than me, sir.COURT: Q Were you awake when your father undressed you?A Yes, sir.PROSECUTOR MENDOZA: Q It was already 10 o’clock in the evening, how were you able to recognize your father?A He talked, sir.Q What did he tell you?A Huwag kang sisigaw kung ayaw mong masaktan. (Don’t shout if you don’t want to be harmed.)COURT: Q In what language or dialect did he say that?A In Gaddang, sir.Q Will you repeat to this Court what was said in Gaddang?A Mem maggerawa no meme gusto maluwan.COURT: Proceed.PROSECUTOR MENDOZA: Q What about your sister Charlita, where was she when your father abused you?A My sister was asleep, sir.Q You said your father raped you. Will you tell this Honorable Court what were the actions done by your father when he raped you?A He kissed the different parts of my body and after kissing the different parts of my body….Q And after kissing the different parts of your body, what else did your father do to you?A He inserted his penis to my vagina, sir.Q How many times did he insert his penis to your vagina?A Once only, sir.Q What happened to your vagina when your father inserted his penis to your private part?A It was painful, sir.Q What else did you feel?A I felt that it was painful inside and I felt that there was something torn, sir.Q When you said that it was your father who raped you, are you referring to the person whom you identified inside the courtroom?A Yes, sir.Q Was that the first time that you have experienced sexual intercourse?Q Yes, sir.”[21] (Underscoring ours)2. Rape committed on August 30, 1995 –“Q On August 30, 1995 at around 12 o’clock midnight, where were you madam witness, if you can still remember?A I was at our residence, sir.Q Do you mean at Aniog, Angadanan, Isabela?A Yes, sir.COURT: Q Who were your companions in that house on August 30, 1995?A My sisters Charlita, Analiza and Gloria, sir.Q How about your other sisters and brothers?A My brother was at Aglipay, Quirino, sir.Q How about the others?A They were already married, sir. x x xQ At 12 o’clock midnight on August 30, 1995, do you remember if there was an unusual incident that happened at your residence at Abiog, Angadanan, Isabela?A Yes, sir.Q What was that incident?A My father again raped me, sir.Q How did he rape you?A He removed my dress, sir.Q How about your panty?A The same, sir, he removed.Q After removing your dress and your panty, what did your father do?A He kissed the different parts of my body, sir.Q After your father kissed the different parts of your body, what happened next?A He inserted his penis to my vagina, sir.Q How many times did he insert his penis to your vagina?A Once, sir.Q Your sister Charlita, Analiza and Gloria, what were they doing when your father raped you at around 12 o’clock midnight on August 30, 1995?A They were sleeping, sir.Q It was 12 o’clock midnight, how were you able to know that your father raped you?A As usual, he talked to me, sir.Q And what did he tell you?A The same sir. He warned me not to shout otherwise, he will kill me.”[22] (Underscoring ours)3. Rape committed on October 11, 1995 –“Q On October 11, 1995 at around 1 o’clock in the morning, do you remember madam witness, where were you?A Yes, sir.Q Where were you, madam witness?A In our house at Aniog, Angadanan, Isabela, sir.Q Who were your companions at your house at Angadanan, Isabela at 1 o’clock in the morning on October 11, 1995?A My sisters, Charlita, Analiza and Gloria, sir.Q How about your mother and your brothers?A My mother and brother were at Aglipay, Quirino, sir.Q At that time1 o’clock in the morning of October 11, 1995, do you remember if there was anything that happened at your house at Aniog, Angadanan, Isabela?A Yes, sir.Q What was that incident that happened?A My father raped me, sir.Q When you said your father raped you, what do you mean by that?A He removed all my clothes, sir.Q After removing all your clothes, what else did your father do?A He inserted his penis inside my vagina, sir.x x x Q What did you do when your father removed your dress?A None, sir, because I cannot do anything.Q How about your sisters Charlita, Analiza, and Gloria. What did they do when your father raped you at around 1 o’clock in the morning on October 11, 1995?A They don’t know anything, sir, because they were asleep.COURT: Q You said that your father inserted his penis inside you vagina, what do you mean by that?A As what he did to me before, sir.Q Did you feel something that came out from his penis inside your vagina when he inserted his penis to your vagina?A Yes, sir.Q After you felt something that came out from his, did he remove his penis from your vagina?A Yes, sir. x x x.”[23] (Underscoring ours)4. Rape committed on October 18, 1995 –“PROSECUTOR MENDOZA: Q On October 18, 1995 at around 1 o’clock in the morning, can you still remember where you were?A Yes, sir.Q Where were you?A I was at our house at Aniog, Agadanan, Isabela, sir.Q Who were your companions in your house on October 18, 1995?A My sisters Charlita, Analiza and Gloria, sir.Q What about your mother and your brother?A At Aglipay, Quirino, sir.Q Why were they in Aglipay, Quirino?A Because my grandmother died.Q When did your grandmother die?A October, sir.Q On that particular time at 1 o’clock in the morning of October 18, 1995, do you remember if there was an unusual incident that happened in your house at Aniog, Angadanan, Isabela?A I remember, sir.Q What was that incident that happened?A My father raped me again, sir.Q When you said ‘he raped me again’, what do you mean by that?A He removed my dress, sir.Q And what did you do when your father was removing your dress?A I did nothing. I was crying, sir.Q After he removed your dress, what did your father do?A He inserted his penis to my vagina, sir. x x xQ And what did your sisters Charlita, Analiza and Gloria do when your father raped you in the early morning of October 18, 1995 at around 1 o’clock in the morning?A None, sir.COURT: Why? Because they were sleeping, sir.PROSECUTOR MENDOZA: Q It was 1 o’clock in the morning on October 18, 1995, how were you able to recognize that your father raped you?A I could see him from the reflection of the light of our neighbor, sir.Q How far is that light of your neighbor from your house?A From here up to that tank, sir. (Witness indicating a distance of around 10 meters)”[24] (Underscoring ours)5. Rape committed on April 21, 1996 –“Q On April 21, 1996 at around 1 o’clock in the morning, do you remember where you were?A At our house at Aniog, Angadanan, Isabela, sir.Q Who were your companions in that house in the early morning of April 21, 1996?A Only my sister Charlita who has epilepsy (Kisiw).Q How about your sisters Analiza and Gloria? They were at Echague, sir. x x xQ Why were your sisters Analiza and Gloria at Echague, Isabela on April 21, 1996?A Because it was a vacation, they went to Echague, Isabela, sir.Q How about your mother, where was she?A She was at Echague, Isabela, sir.Q Why was your mother at Echague, Isabela, sir.A They were harvesting, sir.Q At around 1 o’clock in the morning of April 21, 1996, do you remember if there was an unusual incident that happened at your house at Aniog, Angadanan, Isabela?A Yes, sir.Q What was the incident that happened?A My father raped me again, sir.Q What do you mean by ‘my father raped me again?’A He removed my dress.Q After removing your dress, what did your father do?A He inserted his penis to my vagina, sir.Q How many times did your father insert his penis to your vagina?A Once, sir.Q When your father was removing your dress in the early morning of April 21, 1996, what did you do?A I only cried, sir.Q After your father raped you for several times from August 25, 1995 to April 21, 1996, what did you do, madam witness?A I stopped studying, sir.Q On April 21, 1996 did you see your mother?A Yes, sir.Q Where did you see her?A At Echague, Isabela, sir.Q Did you go to Echague, Isabela on April 21, 1996?A Yes, sir.Q What was your purpose in going to Echague, Isabela on April 21, 1996?A I reported to my mother what my father did to me, sir.Q That was the first time that you reported the incidents that happened to you on August 25, 1995 to April 21, 1996?A Yes, sir.Q Why did it take you that long to report the incident to your mother?A Because my father was threatening me, sir.Q How did your father threaten you?A He told me that if I will squeal, he would kill us all.Q Did you believe your father that he will kill you if you will squeal?A Yes, sir.Q Why did you believe your father’s threat?A x x x, because he already killed my eldest brother.”[25] (Underscoring ours)