405 Phil. 1
That on or about sometimes from 1987 up to the first week of February 1994, in the Municipality of Sta. Rosa, Province of Laguna, Philippines and within the jurisdiction of this Honorable Court, accused Antonio Sayao, Jr. y de Leon, with lewd design and by means of force, violence, and intimidation, did then and there wilfully, unlawfully, and feloniously have carnal knowledge of said Jenny Sayao y Endrinal against her will and consent, to her damage and prejudice.When arraigned on March 6, 1995, accused-appellant pleaded not guilty.
Trial was then held during which the prosecution presented evidence showing the following:
- The existence of the following documents, to wit:
a) the sworn statement of Teresa Endrinal-Sayao dated November 7, 1994 as Exhibit "A" and her signature appearing therein as Exhibit "A-1;" b) the sworn statement of Jenny Sayao dated November 7, 1994 consisting of two (2) pages of Exhibits B and B-1 and her signature therein as Exhibit "B-2;" c) the medico-genital examination dated November 4, 1994 issued by Dr. Rolando Poblete as Exhibit C, the findings as Exhibit "C-1," and the signature of the doctor as Exhibit "C-2;"
- the identity of the accused; and
- the jurisdiction of this Court.
Genitalia - normal external genitalia; no bleeding nor tenderness; with multiple hymenal lacerations (healed); I.E. - cervix small, non-tender; no bleeding noted; admits two fingers with ease.Dr. Poblete testified that Jenny's multiple hymenal lacerations could have been caused by "penile penetration or instrumentation." He explained "instrumentation" as inserting into the vagina something "that resembles [the] size and shape of a penis." That the lacerations were healed, according to Dr. Poblete, could mean that complainant sustained the lacerations a year or years earlier from the time of the medico-genital examination, depending on Jenny's healing process. Dr. Poblete, however, does not discount the possibility that Jenny have had sexual intercourse in recent months despite the absence of fresh hymenal lacerations as her vagina could admit his two fingers ("around 3.5 cm. in size") with ease.
Inj.: There is an evidence [sic] of multiple vaginal penetration.
(Sgd.) ROLANDO A. POBLETE, M.D.
Municipal Health Officer
Santa Rosa, Laguna
Lic. No. 56029 
Considering the evidence on hand, the Court finds that the prosecution thru Assistant Provincial Prosecutor Fernando V. Balinado has fully established and proven that herein accused had sexually abused his own daughter Jenny in February 1994 and on several occasions since 1987. Jenny's immediate and positive identification of her father as the one who ravished her many times since she was barely eight years old bespeaks of her spontaneity and veracity. Moreover, her answers to questions propounded to her during the trial on the identity of the accused as her rapist were straightforward and coherent which simply strengthen her credibility. As ruled by the Supreme Court in rape cases, it is difficult to believe that young [un]married women would tell a story of defloration, allow the examination of their parts, and thereafter permit themselves to be the subject of a public trial, if they were not instigated by an honest desire to seek justice (People vs. Selfaison, G.R. No. L-14732, January 28, 1961, 1 SCRA 235, People vs. Gan, G.R. No. L-33446, August 8, 1972, 4 SCRA 667, People vs. Guibao, 217 SCRA 64). In this case at bar, it is highly inconceivable that a sixteen-year old unmarried girl would reveal that she was raped and allow an embarrassing examination of her private parts if she was not motivated solely by her desire to have her father apprehended and punished for having done her wrong. The fact that accused had shown his cruelty to her thru slapping (which he admitted not to be hard and strong) and kicking is not sufficient motive for his daughter to make a false imputation against him and charge him with the beastly and heinous crime of rape. The absence of any sign of physical injury noted on her body except for the healed lacerations on her hymen at the time of her examination does not necessarily mean that the element of force which is essential to the crime of rape is lacking. It is important to note that Jenny clearly testified that she yielded to the carnal desires of her father whose strength she failed to overpower. She might be lacking tenacity or vigor in her resistance but that does not indicate consent. Moreover, accused's assertion of parental authority/influence and moral ascendancy over his daughter Jenny is sufficient intimidation or substitute for violence or intimidation (People vs. Matrimonio, 215 SCRA 613). The delay of eight (8) years in reporting the rapes committed from 1987 when she was only eight (8) years old to 1994 when she was already sixteen (16) years old by her father should not be taken against her considering her tender age (People vs. Coloma, 222 SCRA 255) and the death threat of her father that was hanging over her head (People vs. Joaquin, 225 SCRA 179).Hence this appeal. Accused-appellant contends that —
These contentions are without merit.
- THE LOWER COURT GRAVELY ERRED IN NOT FINDING THE INFORMATION INSUFFICIENT TO SUPPORT A JUDGMENT OF CONVICTION FOR ITS FAILURE TO STATE THE DATE OF THE ALLEGED COMMISSION OF RAPE, IT BEING AN ESSENTIAL ELEMENT OF THE CRIME CHARGED.
- ASSUMING ARGUENDO THAT THE INFORMA-TION IS SUFFICIENT, THE LOWER COURT GRAVELY ERRED IN FINDING THAT ACCUSED-APPELLANT'S GUILT HAS BEEN PROVEN BEYOND REASONABLE DOUBT.
- ASSUMING ARGUENDO THAT HEREIN ACCUSED-APPELLANT IS GUILTY OF THE CRIME CHARGED, THE LOWER COURT GRAVELY ERRED IN IMPOSING UPON HIM THE SUPREME PENALTY OF DEATH.
The delay in reporting the rapes could be attributed to Jenny's tender age and accused-appellant's moral ascendancy over her, much more because of his threat to kill her if she told anyone what had been done to her.
Q How were you able to say that your father raped you? A On June 15, 1987, after I arrived home, he called for me, sir. Q Where did you come from at that time? A I came from school, sir. Q Who was at your residence when you arrived home on that day? A Only my father, sir. Q Where is your mother at that time? A She was doing her work as a manicurist, sir. Q Do you have any other brothers and sisters? A Yes, sir. [T]wo girls and two boys. Q Where were your brothers and sisters at that time? A They were in school, sir. Q And it was only your father who was at home at the time you arrived home on June 15, 1987? A Yes, sir. Q Where was your father in relation to your house when you arrived home? A He was by the sala, sir. Q How long have you arrived home when your father called for you? A For about five (5) minutes, sir. Q When your father was calling for you, what was your attire? A I was wearing t-shirt and shorts, sir. Q When your father called for you, what did you do? A I did not approach him because I know that I will be subjected to immoral touches, sir. Q And what happened next when you did not approach him? A He pulled me, sir. Q Where? A In my arms, sir. Q And where did he bring you when he pulled you? A In our wooden bed, sir. Q And what happened in that bed? A He undressed me, sir. Q Did he tell you anything while undressing you? A Yes, sir. He was whispering something which I cannot understand. Q [Was] this in Tagalog or English? At this juncture, Your Honor, I will manifest that the witness is in tears. A It's like Latin, sir. COURT:
And you were merely 8 years old then?
A Yes, ma'am. PROSECUTOR: Q Were you completely undressed by your father? A Yes, sir. Q And what happened next? A After I was undressed completely, my father tried to insert his private part into mine, but I was in pain so what he did is he applied baby oil, sir. Q What happened after the application of the baby oil? A He was able to penetrate his private part to mine, sir. Q What is your position then? A I was lying, sir. Q How many times did he do that to you on that day? A Only once, sir. Q Did you tell your mother of what happened to you (sic) on that day? A No, sir. Because I was afraid, I do not have enough courage to tell her at that time. Q And did your mother arrive on that day? A
Q How about your brothers and sisters, did they also arrive on that day? A Yes, sir. Q And you never told them about that? A Yes, sir. Q
A Because I was afraid, sir. Q Was that act of your father followed by another? A Yes, sir. Q How many times? A Everytime I go home from school, he will do that to me, sir. COURT:
And you were barely 8 years old then?
A Yes, ma'am. PROSECUTOR: Up to what time did it last? A Until I was in third year high school, sir. Q What was your age then? A
16 years old, sir.
Q When was the last time, if you could still recall, when was the last time your father took advantage or raped you? A The last time was on the last week of February, 1994, sir.
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.Since these circumstances increase the range of the penalty and change the nature of the crime, they are special qualifying circumstances. Accordingly, consistent with accused-appellant's right to be informed of the nature and cause of the accusation against him, these circumstances must be specifically pleaded or alleged with certainty in the information and proven during the trial. In this case, while accused-appellant admitted that Jenny is his daughter, the Court only has Jenny's bare testimony that she was born on February 9, 1978. Her birth certificate was not presented in evidence. There is thus no sufficient evidence of her minority.
2) When the victim is under the custody of the police or military authorities.
3) When the rape is committed in full view of the husband, parent, any of the children or other relatives within the third civil degree of consanguinity.
4) When the victim is a religious or a child below seven (7) years old.
5) When the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) disease.
6) When committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency.
7) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability.