458 Phil. 347
SANDOVAL-GUTIERREZ, J.:
"That on or about July 16, 1998, in the City of Zamboanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of AAA, against her will; furthermore, there being present an aggravating circumstance in that the accused is the father of said AAA, who is only 16 years of age."[2]Upon arraignment, appellant, with the assistance of his counsel, pleaded not guilty. A joint trial of the four criminal cases ensued.
"WHEREFORE, the Court finds accused JOSE PILLAS y AMORIN alias CHE-AN GUILTY of the crime of Rape charged in Criminal Cases Nos. 15199, 15200, 15201 and 15202, defined and penalized under Articles 266-A and 266-B of the Revised Penal Code (Sec. 2, R.A. No. 8353 known as `The Anti-Rape Law of 1997'), committed against his own daughter, AAA who was below 18 years of age at the time of the commission of the crimes charged, and SENTENCES said accused as follows:Hence, this automatic review, appellant raising the following assignments of error:"Let the complete records of these cases be forwarded to the Supreme Court for automatic review and judgment as provided by law.
- In Criminal Case No. 15199, to suffer the penalty of DEATH with its accessory penalties in the manner provided by law; to pay the offended party, AAA, the sum of P50,000.00 as indemnity, P30,000.00 as moral damages, and P25,000.00 as exemplary damages;
- In Criminal Case No. 15200, to suffer the penalty of DEATH with its accessory penalties in the manner provided by law; to pay the offended party, AAA, the sum of P50,000.00 as indemnity; P30,000.00 as moral damages, and P25,000.00 as exemplary damages;
- In Criminal Case No. 15201, to suffer the penalty of DEATH with its accessory penalties in the manner provided by law; to pay the offended party, AAA, the sum of P50,000.00 as indemnity; P30,000.00 as moral damages, and P25,000.00 as exemplary damages;
- In Criminal Case No. 15202, to suffer the penalty of DEATH with its accessory penalties in the manner provided by law; to pay the offended party, AAA, the sum of P50,000.00 as indemnity; P30,000.00 as moral damages, and P25,000.00 as exemplary damages; and
- To pay the costs in all the four (4) cases.
"SO ORDERED."[11]
Appellant contends that the prosecution failed to prove his guilt beyond reasonable doubt. That there were lacerations in AAA's hymen does not conclusively show that she was raped. In fact, Dr. Onari testified that those lacerations could also be caused by the insertion of a hard object, masturbation, trauma or horseback riding."I
THE TRIAL COURT ERRED IN FINDING ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT OF FOUR (4) COUNTS OF RAPE."II
ASSUMING ARGUENDO THAT ACCUSED IS INDEED GUILTY OF THE RAPE CHARGES, THE TRIAL COURT, NONETHELESS, ERRED IN IMPOSING THE DEATH PENALTY IN EACH OF THE FOUR (4) CASES."
"Article 266-A. Rape; When And How Committed. - Rape is committed -Thus, for appellant to be convicted of rape, it must be proven that there was physical evidence of penetration and that appellant forcibly subjected AAA to have sexual intercourse with him.
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:a) Through force, threat, or intimidation;2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
"Article 266-B. Penalties. – Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.x x x
"The death penalty shall be imposed if the crime of rape is committed with any of the following aggravating/qualifying 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"
AAA's testimony that her father had carnal knowledge of her four times is categorical and straightforward. Such testimony is one that could have been recounted only by a victim subjected to sexual assault. It bears emphasis that in each occasion, he resorted to force and intimidation in order to consummate his lust. And during each time, she struggled in order to resist his sexual attack.
1. The rape on July 16, 1998 Q What happened when you informed your father Jose Pillas that your stepmother was in the river washing?A My father said: `Sabi vo Lyn, masqui anak vo de mio quiere yo contigo.' Which means in English, `You know Lyn, although you are my daughter, I like you.'Q What response did you give when your father told you this?A I said, `Porque ya hable tu ansena Anak yo de tuyo?' meaning, `Why is it that you were able to say that I am your daughter?'Q Did your father say anything when you told him that `I am just your daughter?'A He said that, `I really like you and you are already a woman.'Q And what did you tell him when he told you that?A I told him: `How come that you could tell that to your daughter?'x x x A According to him, `He does not know.' And, according to him `that was what came in his mind.'Q So what happened next?A Then, after he kissed me and then, I was struggling and at the same time removed his face near me.x x x FISCAL MEDALLE: Q When he kissed you and held your breast, what did you do?A I was struggling and at the same time I told him `how come that you could do that to me, you are my father?'Q And did he tell you anything?A No.Q So, what else happened?A He pulled my hands and brought me to the place where they slept.x x x FISCAL MEDALLE: Q When you reached that place in the sala, as you said, where they used to sleep, what happened?A Just the same he kept on kissing me and holding my breast.Q Which part of your body did he kiss?A In my mouth.Q What did you do when your father kissed your mouth and held your breasts?A I struggled and cried.Q What prompted you to struggle and cry when your father kissed you on your mouth?A I was struggling because what he was doing to me is not right and he is my father.x x x FISCAL MEDALLE: Q What happened when your father kissed you on your mouth and held your breasts?A He was trying to remove my dress and I was struggling.x x x FISCAL MEDALLE: Q You said that he was trying to pull down your panty and you were insisting in pulling it up, is that correct?A Yes.Q At that time you were still standing?A He was trying to let me lie down.x x x FISCAL MEDALLE: Q You are trying to tell us that your father was trying to push you down by pressing your shoulders?A Yes.Q And he was able to make you lie down?A Yes.x x x Q When you were already lying down wearing a pair of panty and skirt, what did your father do?A He was trying to remove my panty.x x x Q And was your father able to remove your panty?A Yes.x x x Q How was he able to remove it when you were trying to pull it up?A Well, I could not do anything, Your Honor, because he is stronger than me.x x x Q Now, as you were struggling to prevent your father from pulling down your pair of panty, did your father say anything?A I told my father `How come that you could do that to your own daughter?'Q And did your father answer you?A He told me that, `I was able to do that because your stepmother is already old.'COURT: Q When did he say that?A The time when he pinned me down, Your Honor.x x x Q You already know about rape at that time?A Yes. I know already by seeing that forcing a child and at the same time removing their clothes.Q That would allow into rape?A Yes.COURT: Proceed.FISCAL MEDALLE: Q After your father was able to remove your panty, what happened next?A At first, he kissed my vagina and he inserted his finger into my vagina.Q When he did that, what did you do?A I was crying.Q What else?A And at the same time struggling.x x x Q For how long did he insert his finger into your vagina?A `Ungratu lang nuay dura.' Meaning, `it was only for a brief/short time, it did not take long.'COURT: Proceed.FISCAL MEDALLE: Q Afterwards, what else did your father do?A He removed his finger from my vagina and he opened the zipper of his pants.x x x FISCAL MEDALLE: Q After he opened his zipper, what else did your father do?A He put out his private part.x x x Q After he put out his penis, what else did your father do?A `Ya asi le entra de soyo putotoy na de mio kulo.' Meaning, he inserted his penis into my vagina.'x x x Q Now, when your father was about to insert his penis into your vagina, what were you doing?A I was struggling and at the same time crying.COURT: Q But, you were not shouting?A Well, I am afraid to shout because he was threatening us.Q How?A He said that I will not report and at the same time he will harm me and he will kill us all.Q When did he say that?A When he was already doing the sexual intercourse motion, your Honor.x x x Q What else did your father do as he was pumping or having sexual intercourse, that is, before he stood up?A He kissed my mouth and he also kissed my breasts.COURT: Q What breasts?A The two (2) nipples.COURT: Proceed.FISCAL MEDALLE: Q As he was doing this with you, can you tell to this Honorable Court, what was your reaction?A Just the same I was struggling and at the same time crying.Q Now, as your father was doing the sexual intercourse act on you, what did you feel?A I felt pain.x x x Q Then, what happened?A Afterwards he stood up then, I saw something white in his penis and I saw blood from my vagina and there are also traces of blood that I saw on his penis.Q What did you see?A That there is a white substance `tiene cosa blanco' something white on his penis, your Honor.FISCAL MEDALLE: Q When you saw this, your father was still standing?A He was on a kneeling position.Q What about you, what did you observe on your vagina?A It is painful and with blood, your Honor.[13]x x x Q Now, after a while, he was helping you wipe your vagina because there was blood, did he tell you anything?A He told me not to report to anybody what happened because I will be harmed and at the same time he will kill us all.Q What do you mean by `all'?A He will kill me, together with my stepmother.[14]2. The rape on July 26, 1998 Q Now, on July 26, 1998 at around 10 o'clock that morning, can you recall where were you then at that time?A Yes, sir.Q Where were you?A I was at the kitchen.Q What were you doing at the kitchen?A I was preparing food.Q While you were preparing your food, where was your stepmother?A She was in the river washing.Q What about your father, where was he then?A He was there playing the guitar.Q In which part of the house was your father playing the guitar?A At the porch.x x x Q While you were preparing the meal for lunch, what happened at the kitchen?A My father approached me then he kissed me at the same time carried me.x x x Q Were you able to get away from your father?A No. Well, he was able to carry me despite the fact that I was struggling because he was stronger than me.x x x FISCAL MEDALLE: Q Now, you said that you were not able to get away from your father although you struggled. Where did he bring you?A I was brought to the place where they used to sleep.Q What happened when you were at that place?A Just the same, he kissed me and at the same time he was trying to remove my short pants and he was trying to pull my short pants upward but I cannot do anything. He was stronger than me.x x x Q After he removed his pair of shorts, what did your father do?A He kissed my mouth first then afterwards he inserted his penis in my vagina.Q What was his position when he inserted his penis into your vagina?A He went on top of me.Q What did you feel when he inserted his penis into your vagina?A He was doing the sexual intercourse motion at the same time I could feel the pain.Q When he inserted his penis into your vagina and doing the motion of sexual intercourse with you, what were you doing?A I continued to struggle and cry trying to push him.x x x Q Now, do you remember for how long was your father doing the motion of sexual intercourse with you?A I could not remember. The time when he was doing that sexual intercourse motion with me, he told me that since he was the one who reared and took care of me, he will be the first one to take advantage or be benefited.[15]3. The rape on July 30, 1998 Q Now, on July 30, 1998, do you remember where were you then in the morning at around past 8:00 o'clock?A Yes.Q Where were you then?A I was in the room.Q What were you doing there inside the room?A I was fixing my clothes.Q At the time, do you know where was your stepmother?A Yes, she was washing clothes in the river.Q How about your father, do you know where your father was then?A He was just outside.Q Outside what?A He was at the porch.Q What happened when you were fixing your clothes inside the room?A He just pulled me suddenly.Q What part of your body did he hold to pull you?A My left hand.Q What did you do when your father suddenly entered the room and pulled you by your left hand?A Well, I was shocked. I was not able to hold anything.Q You said he pulled you. Where did he bring you?A In the same place where they used to sleep.x x x Q What happened when you father brought you to the place where they were sleeping?A Just the same. He removed my pants and panty at the same time, kissed me.Q What did you do as he was kissing you, also removing your short pants and panty?A I was struggling.Q Afterwards, what else did your father do after he removed your pair of pants and panty?A He also removed his shorts and brief.Q After he removed his pair of pants and brief, what else did your father do?A He went on top of me and inserted his penis in my vagina.Q As he went on top of you, what did you do?A I was trying to push him.Q Were you able to push him off?A No, because I could not overpower him.Q What happened when he was already on top of you?A He was already doing the sexual intercourse motion.Q Did you feel his penis inside your vagina?A Yes.Q And as he was pumping on top of you, what did you feel?A I could still feel the pain, but not too painful anymore.[16]4. The rape on August 25, 1998 Q On August 25, 1998, at around past 8 o'clock, where were you?A I was sweeping.Q What part of the house were you sweeping?A Under our house.Q Your mother?A She was washing clothes.Q Where?A At the river.Q What about your father?A He was watering the plants.x x x FISCAL MEDALLE: Q What happened when you were sweeping?A My father arrived.Q Where did he go?A He went up to the house.Q What happened when he was upstairs?A He told me, `AAA, you hurry up in sweeping.' Then, he called me to go up.Q When he called you, do you have in your mind that he will rape you again?A No, sir.Q Did he tell you the reason why he was telling you to go upstairs?A My father was asking me what was the reaction of my stepmother when he was talking to me that night.Q What answer did you give?A I told my father nothing.x x x Q What happened when you were talking?A According to him, if he will not scold my stepmother, my stepmother will not leave me alone.Q What else?A Then, he told me `now, I could do what I want.'Q What did your father do?A He kissed me again.Q In what part of the body did he kiss you?A In my mouth, at the same time, he was holding my breasts.Q What else did your father do aside from holding your breasts and kissing your mouth?A He removed my shorts and panty.Q At that time when he removed your shorts and panty, were you still standing or lying?A He was trying to put me down but I was struggling.Q But was he able to make you lie down?A Yes.Q After he removed your short pants and panty, what happened next?A He also removed his pants and brief.x x x Q After that, what happened next?A He went on top of me.Q When he went on top of you, what were you doing?A I was struggling and at the same time crying.Q Did your father remain on top of you despite your struggle?A Yes.Q What happened?A Well, he went on top of me and inserted his penis and he was doing the sexual intercourse motion."[17]
The trial court should always make a categorical finding as to the age of the victim."
- The best evidence to prove the age of the offended party is an original or certified true copy of the certificate of live birth of such party.
- In the absence of a certificate of live birth, similar authentic documents such as baptismal certificate and school records which show the date of birth of the victim would suffice to prove age.
- If the certificate of live birth or authentic document is shown to have been lost or destroyed or otherwise unavailable, the testimony, if clear and credible, of the victim's mother or a member of the family either by affinity or consanguinity who is qualified to testify on matter respecting pedigree such as the exact age or date of birth of the offended party pursuant to Section 40, Rule 130 of the Rules on Evidence shall be sufficient under the following circumstances:
- If the victim is alleged to be below 3 years of age and what is sought to be proved is that she is less than 7 years old;
- If the victim is alleged to be below 7 years old and what is sought to be proved is that she is less than 12 years old;
- If the victim is alleged to be below 12 years old and what is sought to be proved is that she is less than 18 years old.
- In the absence of a certificate of live birth, authentic document, or the testimony of the victim's mother or relatives concerning the victim's age, the complainant's testimony will suffice provided that it is expressly and clearly admitted by the accused.
- It is the prosecution that has the burden of proving the age of the offended party. The failure of the accused to object to the testimonial evidence regarding age shall not be taken against him.