460 Phil. 795
PER CURIAM:
Criminal Case No. RTC 98-7309The prosecution established the following facts:
That on or about 8:00 o'clock in the evening of May 8, 1998 in Barangay Dalipay, Municipality of Milaor, Province of Camarines Sur, Philippines and within the jurisdiction of this Honorable Court, the above-named accused with grave abuse of confidence, the victim being his daughter, by means of force and intimidation, with lewd designs, did then and there willfully, unlawfully and feloniously succeed in having carnal intercourse with one AAA, a 14 year old girl, against her will and without her consent and said carnal knowledge resulted in the pregnancy of the latter to her damage and prejudice in such amount as shall be proven in court.
Acts contrary to law.[2] (Emphasis supplied)
Criminal Case No. RTC 98-7310
That on or about 3:00 o'clock in the afternoon of June 1, 1998 in Barangay Dalipay, Municipality of Milaor, Camarines Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused with grave abuse of confidence, the victim being his daughter, by means of force and intimidation, with lewd designs, did then and there willfully, unlawfully and feloniously succeed in having sexual intercourse with one AAA, a 14 year old girl, against her will and without her consent and of which carnal knowledge resulted in the pregnancy of the latter to her damage and prejudice in such amount as shall be proven in court.
Acts contrary to law.[3] (Emphasis supplied)
WHEREFORE, premises considered, this court finds the accused ROBERTO MADERA y AGRAVANTE GUILTY beyond reasonable doubt of two counts of the crime of RAPE, defined and penalized under Article 355 of the Revised Penal Code, as amended by Republic Act Nos. 7659 and 8353 in Criminal Cases Nos. 98-7309 and 98-7310 and hereby sentences the said accused to suffer the penalty of DEATH for each of the offense committed. Accused Roberto Madera y Agravante is hereby ordered to pay the victim AAA the amount of P50,000.00 for each offense by way of moral damages and to serve as a deterrent and warning to fathers who may have bestial desire against their daughter, said accused is also ordered to pay the sum of P50,000.00 as exemplary damages. For having impregnated his own daughter resulting to giving birth to a child who is facing an unsecured future and for the traumatic experience suffered by the victim, the accused is further ordered to pay P100,000.00 by way of consequential damages and to pay the costs.[20]In his brief, appellant raises the following assigned errors, quoted verbatim:
SO ORDERED. (Underscoring supplied)
The settled rule is that when the issue involves the credibility of a witness, the trial court's assessment is entitled to great weight, even finality, unless it is shown that it was tainted with arbitrariness or there was an oversight of some fact or circumstance of weight and influence. The reason is obvious - the trial court has the unique opportunity to observe the witness firsthand and note his or her demeanor and manner of testifying.[21]I
THE TRIAL COURT ERRED IN GIVING UNDUE IMPORTANCE TO THE INCREDIBLE, UNRELIABLE AND UNWORTHY STANCE OF PRIVATE COMPLAINANT ANENT THE ALLEGED SEXUAL ACTS COMPLAINED OFII
THE TRIAL COURT ERRED IN NOT CONSIDERING THE FACT THAT PROSECUTION WITNESS DOMINGA MADERA WAS ACTUATED BY ILL WILL IN TESTIFYING AGAINST ACCUSED-APPELLANTIII
THE TRIAL COURT ERRED IN NOT GIVING FULL FAITH AND CREDENCE TO THE DEFENSE INTERPOSED BY ACCUSED-APPELLANTIV
THE TRIAL COURT ERRED IN CONVICTING ACCUSED-APPELLANT OF TWO (2) COUNTS OF RAPE DESPITE THE FACT THAT HIS GUILT WAS NOT PROVED BEYOND REASONABLE DOUBT.
Pros. Escaro: | ||
| xxx | |
| | |
| Q : | Tell us, the accused being your father did you observe the accused, your father, discipline you and your other brother and sisters? |
| A : | He kicked and boxed my brothers and sisters. |
| | |
| Q : | What about you, how does your father discipline you? |
| A : | I was also boxed and kicked by my father. |
| | |
| Q : | Do you also observe whenever your father and your mother quarrel, what did you observe? |
| A : | We were hurt whenever our mother and father quarreled. |
| | |
| Q : | What does your father do to your mother whenever they quarrel, if you know? |
| A : | He also kicked and boxed my mother. |
| | |
| Q : | Now, tell us, Miss Witness, on May 8, 1998, at about 8:00 o'clock in the evening, tell the Court, where were you? |
| A : | I was in our house, sir. |
| | |
| Q : | Where is your house? |
| A : | At Dalipay, sir. |
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| Q : | Alright, where were your brothers and sisters as well as your father and mother at that time? |
| A : | They were viewing TV, sir. |
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| Q : | And while you were there at your house, where was your father? |
| A : | He was also in the house, sir. |
| | |
| Q : | Were you also viewing the TV? |
| A : | Yes, sir. |
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| Q: | Now, while you were viewing the TV on that particular date and time, what happened, if any? |
| A : | While viewing the TV, I was called by my father to massage him. |
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| Q : | Where was your father when you were called to massage him? |
| A : | In the room, sir. |
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| Q : | By the way, tell us, from where did your father c[o]me from before he went to your house, if you know? |
| A : | At our porch, drinking. |
| | |
| Q : | With whom, if you know? |
| A : | With his friends, sir. |
| | |
| Court | Drinking what? |
| A : | Gin, your honor. |
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| Pros. Escaro: Now, do you know when did your father and his friends stop drinking wine? | |
| A : | Yes, sir. |
| | |
| Q : | What time? |
| A : | Around 8:00 o'clock, sir. |
| | |
| Q : | So, after father stopped drinking with his friends, do you know where he went? |
| A : | Yes, sir. |
| | |
| Q : | Where? |
| A : | Inside the room, sir. |
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| Q : | Is that room also occupied by you or your other siblings? |
| A : | It is the room of my Papa and Mama. |
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| xxx | |
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| Q : | Now, you mentioned to the Court that on May 8, 1998, you were called by your father to the room to massage him, when you were called to the room to massage him, what did he do? |
| A : | While I was massaging him, he undressed me. |
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| Q : | When you went to the room, by the way, is there a door in that room? |
| A : | Yes, sir, there is. |
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| Q : | Was it closed by your father after you entered? |
| A : | Yes, sir. He closed the door, but there is a small opening. |
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| Q : | Tell us, when he ordered you to massage him, what was he wearing then? |
| A : | He was wearing shorts. |
| | |
| Q : | What was he wearing on his upper body? |
| A : | He was wearing [a] t-shirt. |
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| Q : | Did you obey him in massaging him when he ordered you to massage him? |
| A : | Yes, sir. |
| | |
| Q : | Tell us, what were you then wearing when you were told by your father to massage him? |
| A : | I was also wearing shorts and t-shirt. |
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| xxx | |
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| Q : | Alright, when he undressed you, was he able to remove your clothes? |
| A : | No, sir. |
| | |
| Q : | What was removed from you? |
| A : | My shorts together with my panty. |
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| xxx | |
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| Q : | Now, after your father undressed you, what happened next? |
| A : | After he undressed me, he also removed his shorts. |
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| xxx | |
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| Q : | After your father removed his brief, what happened next? |
| A : | After he removed his brief, he lied (sic) on top of me. |
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| Q : | Alright, when he lied (sic) on top of you, what happened, what did he do, if any, when he lied (sic) on top of you? |
| A : | He spread my thighs, sir. |
| | |
| Q : | And after he spread you[r] thighs, what did he do next, if any? |
| A : | After spreading my thighs, he inserted his penis into my vagina. |
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| Q : | Where did the accused insert his penis? |
| A : | He inserted his penis my vagina, sir. |
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| Q : | Tell us, what did you feel while your father was inserting his penis into your vagina and made a push and pull motion? |
| A : | I felt so much pain, sir. |
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| Q : | Alright, after your father made a push and pull motion, what happened next? |
| A : | After the push and pull movement of my father, I was told to wear my panty and short pants. |
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| Q : | When your father undressed you, when your father was about to undress you, did you not complain to your father or asked your father why he is undressing you? |
| A : | No, sir. |
| | |
| Q : | Why, tell us? |
| A : | I was afraid because he might again box me. |
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| Pros. Escaro: We also make it of record that the private complaining witness is about to cry, in fact, crying now. | |
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| Court : Place that on record. | |
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| Pros. Escaro: Did it occur to your mind to tell your mother on (sic) what happened on May 8, 1998? | |
| | |
| A : | No, sir. |
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| Q : | Why, tell the Court? |
| A : | Because if I report the matter to my mother, he will kill all of us. |
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| Q : | Now, tell us, on June 1, 1998, at about 3:00 o'clock in the afternoon, tell the Court, where were you? |
| A : | I was in our house, sir. |
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| xxx | |
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| Q : | Tell us, where were your mother, brothers and sisters at that time while you were at your house on June 1, 1998 at 3:00 o'clock in the afternoon? |
| A : | My mother at that time was in the farm planting; while my brothers and sisters were playing at the chapel. |
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| Q : | Tell us, how far is that chapel from your house, if you know, from where you are seated right now, can you tell us the distance? |
| A : | The distance is from the place where I am sitting now to that City Hall Building which is almost one hundred fifty meters. |
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| Q : | While you were at your house on that particular date and time, tell us, where was your father, Roberto Madera? |
| A : | My father was in the house, sir. |
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| xxx | |
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| Q : | You and your father were inside the house at that time, am I correct? |
| A : | Yes, that is correct, sir. |
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| Q : | Which part of your house were you then at that time? |
| A : | Inside the room [which she shared with her two small brothers and sisters],[23] sir. |
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| xxx | |
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| Q : | While you were there at your room of your house, what happened, if any? |
| A : | While I was inside the room, about to sleep, my father entered the room. |
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| xxx | |
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| Q : | When your father entered the room, what happened next, if any? |
| A : | After he entered the room, he again undressed me and he also removed his shorts and brief and lied (sic) top of me. |
| | |
| Q : | I[n] that room you are occupying, is there a bed? |
| A : | None, sir, only cemented floor. |
| | |
| Q: | :Where were you then lying? |
| A : | On a mat [o]n the cemented floor. |
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| Q : | By the way, what were you then wearing at that time, Miss Witness? |
| A : | I was wearing shorts, sir. |
| | |
| Q : | And were you wearing any underwear? |
| A : | Yes, sir. |
| | |
| Q : | Are you wearing panty? |
| A : | Yes, sir. |
| | |
| Q : | What about bra? |
| A : | Yes, I have a bra, sir. |
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| Q : | When your father entered the room, you said he removed your clothing, what did he remove from your clothing? |
| A : | Only shorts and my panty, sir. |
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| xxx | |
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| Q : | After he removed his shorts and brief and you were undressed, what happened next? |
| A : | He again spread my thighs, sir. |
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| Q : | What was your position when your father spread your thighs? |
| A : | I was lying, sir, facing upwards. |
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| xxx | |
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| Q : | And after you lied (sic) down, facing upwards, what did he do next, if any? |
| A : | He again inserted his penis into my vagina. |
| | |
| Q : | When he inserted his penis into your vagina, what did he do next? |
| A : | He again made a push and pull movement. |
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| Q : | Did he kiss you in your other parts of your body? |
| A : | No, sir. |
| | |
| Q : | Now, tell us, did you enjoy what he did to you? |
| A : | No, sir. |
| | |
| Q : | Now, tell us, did it occur to your mind to scratch your father, to bite him in order to avoid him from raping you? |
| A : | No, sir. |
| | |
| Q : | Why, tell us? |
| A : | I could not do that, sir, because he always hurt me.[24] (Underscoring supplied) |
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| xxx | |
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| Atty. Cariño: | |
| Q : | When your father started to remove your shorts and your panty, you did not at all scream? |
| A : | No, Ma'am. |
| | |
| Q : | Even if you know that if somebody is removing your shorts and your panty, something bad will happen to you? |
| A : | No, Ma'am, I was not able to shout because he threatened. According to my father, if I will shout, he would kill all of us. |
| | |
| Q : | Did he tell you at that time that he was undressing you? |
| A : | Yes. Ma'am. |
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| Pros. Escaro: May I make of record, your honor, that the witness is crying as she is testifying on that point. | |
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| Atty. Cariño: | |
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| Q : | But at that time, AAA, you can still shout, is it not? |
| A : | I could not shout because he threatened me that all of us would be killed if I shout.[25] |
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| xxx | |
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| Q : | Since on May 8, 1998, that was the same procedure, that was the same thing that your father did to you when your father started to remove your short pants and panty, did you not do anything? |
| A : | I have not done anything, Ma'am. |
| | |
| Q : | But you would know, AAA, that your father will do something wrong to you again, is it not? |
| A : | Yes, I know that, Ma'am. |
| | |
| Q : | So you could have shouted or struggled with your father at that time? |
| A : | I could not do that, Ma'am, because he would kill all of us. (Underscoring and emphasis supplied)[26] |
Q : | Why are you here in this office and giving this statement? | |
A : | To testify and file a formal complaint against my father Roberto Madera y Doe for Rape. | |
Q : | When and where [did] this incident happe[n]? | |
A : | It transpired on or about 8:00 o'clock in the evening of May 8, 1997 (sic) and on June 1, 1998 inside our house at barangay Dalipay, this municipality. | |
| | |
| Q : | How did it happen [o]n the night of May 8, 1998? |
| A : | That on the said date at about 8:00 o'clock in the evening we were watching TV in the sala with my mother, brothers and sisters while my father was having a drinking spree with his intimates in the terrace (balcon). Afterwards, my father g[o]t inside the house and he told [me] to foll[ow] him inside the room for he has something to tell me. Once inside, he forcibly let me lay on the bed and pulled down my underwear and have a sexual intercourse with me. |
| | |
| Q : | Why did you not shout nor ask an (sic) assistance from your mother and others who were in the sala? |
| A : | It is because my father threatens me in a low voice to be killed if I shout (sic). |
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| Q : | What happened on June 1, 1998 at about 3:00 o'clock in the afternoon? |
| A : | That on the said time and date, my mother was away from the house and my brothers and sisters were playing in the other place. I am in the house with my father and the latter forcibly have another sexual intercourse with me. (Emphasis supplied) |