594 Phil. 464
AUSTRIA-MARTINEZ, J.:
Crim. Case No. 98-7037:Appellant was duly arraigned and pleaded "not guilty" on all counts, after which trial ensued.
The undersigned 4th Assistant Provincial Prosecutor of XXX, upon a sworn complaint originally filed by the private offended party, accuses ROGELIO PELAGIO Y BERMUDO of the crime of RAPE, defined and penalized under Article 335 of the Revised Penal Code, as amended by RA 7659, committed as follows:
That on or about the 30th day of August, 1997 at around 10:00 P.M. in the evening thereof, at Bgy. XXX, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd designs, and by means of force and intimidation, being the natural father of herein victim, did then and there wilfully, unlawfully and feloniously have carnal knowledge with one, AAA, her daughter, a minor-15 years old, against her will, to her prejudice.
CONTRARY TO LAW.[2]
Crim. Case No. 98-7038
The undersigned Assistant Provincial Prosecutor of XXX, upon a sworn complaint originally filed by the private offended party, accuses ROGELIO PELAGIO Y BERMUDO of the crime of RAPE, defined and penalized under Art. 335 of the Revised Penal Code, as amended by RA 7659, committed as follows:
That on or about the 22nd day of August, 1997, at around 9:30 in the evening thereof, at Bgy. XXX, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd designs, and by means of force and intimidation, being the natural father of herein victim, did then and there willfully, unlawfully and feloniously have carnal knowledge with one AAA, her daughter, a minor-15 years old, against her will, to her prejudice.
ACTS CONTRARY TO LAW.[3]
Crim. Case No. 98-7142
The undersigned Assistant Provincial Prosecutor of XXX upon a sworn complaint filed by the offended party, accuses ROGELIO PELAGIO Y BERMUDO of Zone XXX, Barangay XXX of the crime of RAPE, defined and penalized under RA 7610 in relation to Art. 335 of the Revised Penal Code and further amended by RA 7659, committed as follows:
That on or about 9:00 o'clock in the evening of October 18, 1997 at Barangay XXX, Philippines, the above-named accused with lewd designs, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge with AAA, his 15-year old daughter against her will and without her consent as shown by the medical certificate attached and marked as Annex "A" of the complaint to the damage and prejudice of the latter.
CONTRARY TO LAW.[4]
WHEREFORE, premises considered, this court finds the accused ROGELIO PELAGIO Y BERMUDO GUILTY beyond reasonable doubt of the crime of Rape, defined and penalized under Article 335 of the Revised Penal Code, as amended by Republic Act 7659 in Criminal Cases Nos. 98-7037, 98-7038 and 98-7142, and hereby sentences the said accused to suffer the penalty of DEATH for each of the offense committed; accused Rogelio Pelagio y Bermudo is hereby ordered to pay the victim AAA the sum of P50,000.00 for each of the offense committed, by way of moral damages. To serve as a deterrent and a warning to fathers who [sic] may have bestial desire against their children, the accused is also ordered to pay the sum of P75,000.00 by way of exemplary damages; and for destroying the future of a daughter who was a consistent honor student when the incident happened, now could only pass her subjects due to her harrowing and traumatic experience in the hands of her father, the latter is further ordered to pay the victim the total sum of P300,000.00 for the three (3) offenses committed by way of consequential damages to help her secure a brighter future, and to pay the costs.In view of the death penalty imposed, the case was brought to this Court on automatic review. Pursuant to People v. Mateo,[6] the case was transferred to the Court of Appeals (CA) for appropriate action and disposition.[7]
SO ORDERED.[5]
WHEREFORE, premises considered, the Judgment appealed from convicting accused-appellant Rogelio Pelagio y Bermudo of three (3) counts of rape and sentencing him to suffer the supreme penalty of death in each count is hereby AFFIRMED with MODIFICATION in that for each count of rape, accused-appellant ROGELIO PELAGIO Y BERMUDO is ordered to pay private complainant AAA P75,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages.The Office of the Solicitor General and appellant both manifested that they would not file supplemental briefs and instead, adopt the briefs they had previously filed.
In accordance with A.M. No. 00-5-03-SC amending the revised Rules of Criminal Procedure, let the entire record of the case be immediately elevated to the Supreme Court for review.
SO ORDERED.[9]
Appellant's defense is denial. He claims that it was his estranged wife, BBB, the mother of AAA, who instigated the filing of the complaint against him after he left BBB in 1986. Appellant points out that there were inconsistencies and flaws in the testimony of AAA, which cast doubt on the credibility of her accusation.I
THE TRIAL COURT ERRED IN COMPLETELY BELIEVING THE HIGHLY INCREDIBLE, UTTERLY BASELESS AND TOTALLY UNFOUNDED ACCUSATION OF PRIVATE COMPLAINANT IN CRIMINAL CASE NOS. 98-7037, 98-7038 AND 98-7142, NOT TO MENTION THE LONG DELAY IN REPORTING THE SAME.II
THE TRIAL COURT ERRED IN NOT BELIEVING THE DENIAL INTERPOSED BY ACCUSED-APPELLANT RELATIVE TO THE CRIMES CHARGED, NAY THE FACT THAT HIS WIFE WAS MOTIVATED BY ILL WILL IN FILING THE SAME.III
THE TRIAL COURT ERRED IN NOT ABSOLVING ACCUSED-APPELLANT OF THE OFFENSES CHARGED DESPITE WANT OF CONCLUSIVE EVIDENCE TO PROVE THE SAME AS PER TESTIMONY OF THE PHYSICIAN WHO EXAMINED PRIVATE COMPLAINANT.IV
THE TRIAL COURT ERRED IN RENDERING A JUDGMENT OF CONVICTION IN CRIMINAL CASE NOS. 98-7037, 98-7038 AND 98-7142 NOTWITHSTANDING THE FACT THAT THE GUILT OF ACCUSED-APPELLANT WAS NOT PROVED BEYOND REASONABLE DOUBT.[10]
In the case at bar, the records are bereft of any evil motive which would move AAA to charge her own father with three (3) counts of rape. Accused alleged anger of his wife as an act of revenge instigated her daughter to file these heinous crimes against her father, cannot be given scant appreciation by the court. The records show that although BBB, the mother was with her daughter AAA when the complaints were lodged against the accused, yet the very complaint (Exhibits "E", "F" and "G") were signed by AAA alone.For its part, the CA also gave credence to AAA's testimony, stating that:
x x x x.[11]
In narrating her painful and harrowing unspeakable experience under the unwelcome penile invasion of her own father during those three incidents, AAA's testimony was spontaneous, consistent and categorical. The trial court found her credible and gave full faith and credit to her testimony as sufficient to sustain the conviction of the accused-appellant of rape in all three counts, thus:The Court has reviewed the records of this case, including the respective pieces of evidence presented by the prosecution and the defense, and finds no reason to overturn the verdict of guilt handed down by the RTC and affirmed by the CA.
x x x x.[12]
AAA's testimony regarding the subsequent rapes on August 30 and October 18, 1997 were also of the same import.
Q Why were you awakened?A I was awakened when I saw my father without his shorts on and he was trying to remove my shorts.x x x x Q What did he do with your underwear, if any?A He removed my panty, sir.x x x x Q When your father was removing your panty as well as your shorts, what was your relative position"A I was made to lie down face upward.Q So, what happened next?A Then he removed his brief and held my private parts.Q What private parts did his hold?A He held my both hands, sir.Q So, it was not your private parts?A Yes, sir, he held my both hands, then he lied on top of me.Q What happened next after he lied on top of you?A I tried to stand up telling my father not to do such thing because as expected, he should be the one to watch over me because my mother was in Fundado.x x x x Q After that, after your father told you that, what happened next?A He did not listen to me, he held my both hands and he lied on top of meQ What happened next?A He exposed his penis, then spread my legs and inserted his penis to my vagina.Q What was the condition of the penis of your father?A I did not see it, sir.Q When he inserted his penis into your vagina, what did you feel?A I felt pain, sir.Q After he inserted his penis into your vagina, what happened next?A He made a push and pull movement, sir,Q While he was making this push and pull movement, what did you feel?A I felt pain, sir.x x x x Q Alright, after the accused made a push and pull movement while his penis was at your vagina, what happened next?A Then he suddenly pulled out his penis from my vagina.Q After he pulled out his penis from your vagina, what happened next?A He put on his shorts, sir.[15]
When the offended party is a young and immature girl testifying against a parent, courts are inclined to lend credence to her version of what transpired. Youth and immaturity are given full weight and credit. Incestuous rape is not an ordinary crime that can be easily invented because of its heavy psychological toll. It is unlikely that a young woman of tender years would be willing to concoct a story which would subject her to a lifetime of gossip and scandal among neighbors and friends and even condemn her father to death.[17]Like the RTC and the CA, the Court has no reason to doubt AAA's credibility. Her testimony was candid and straightforward.
x x x [D]elay in making a criminal accusation [does not] impair the credibility of a witness if such delay is satisfactorily explained. In People v. Coloma, x x x the Court adverted to the father's moral and physical control over the young complainant in explaining the delay of eight years before the complaint against her father was made. In this case, [complainant] must have been overwhelmed by fear and confusion, and shocked that her own father had defiled her. x x x She also testified that she was afraid to tell her mother because the latter might be angered x x x. Indeed, a survey conducted by the University of the Philippines Center for Women's Studies showed that victims of rape committed by their fathers took much longer in reporting the incidents to the authorities than did other victims. Many factors account for this difference: the fact that the father lives with the victim and constantly exerts moral authority over her, the threat he might make against her, the victim's fear of her mother and other relatives.[21]The Court also cannot subscribe to appellant's argument that AAA was merely instigated by her mother BBB to file the complaints against him due to BBB's anger with him when he left his family and went to Manila. Suffice it to say that such argument is not uncommon in rape cases. The Court has repeatedly held that it is unnatural for a parent to use her offspring as an instrument of malice, especially if it will subject them to embarrassment and even stigma. No mother in her right mind would expose her daughter to the disgrace and trauma resulting from a prosecution for rape if she was not genuinely motivated by a desire to incarcerate the person responsible for her daughter's defilement.[22] Appellant miserably failed to show that her "anger" was such that BBB would senselessly use her daughter as an instrument of revenge against him and subject her to the trauma of being internally examined by a doctor and exposed to the rigors of police and court proceedings, not to mention the ignominy attached to a rape victim by insensitive neighbors and townmates.
The aforequoted provision of R.A. No. 9346 is applicable in this case pursuant to the principle in criminal law, favorabilia sunt amplianda adiosa restrigenda. Penal laws which are favorable to accused are given retroactive effect. This principle is embodied under Article 22 of the Revised Penal Code, which provides as follows:On the award of damages for each count of rape, the CA modified the award made by the RTC. The Court modifies it further. The CA's award of civil indemnity in the amount of P75,000.00 is proper inasmuch as the death penalty was originally imposed on appellant. The award of exemplary damages in the amount of P25,000.00 is likewise proper. As regards moral damages, however, the CA affirmed the RTC's award of P50,000.00. This should be increased to P75,000.00 in line with prevailing jurisprudence.[27]
x x x x
However, appellant is not eligible for parole because Section 3 of R.A. No. 9346 provides that "persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua by reason of the law, shall not be eligible for parole."[26]