423 Phil. 263
"ACCORDINGLY, this Court finds accused Danilo Abino y Advincula GUILTY beyond reasonable doubt of the crime of rape as defined and penalized under Article 335 of the Revised Penal Code, as amended, and hereby sentences him to suffer the penalty of death.The information against appellant reads as follows:
"Accused is further directed to indemnify the offended party, Daniela Abino, the sum of FIFTY THOUSAND (P50,000.00) PESOS as and for moral damages.
"With costs against the accused."
"That on or about April 6, 1996, in the Municipality of Los Banos, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused did then and there have carnal knowledge of his daughter, the minor DANIELA ABINO y MERCADO, who was then asleep and unconscious, against her will and consent, to her damage and prejudice."With the assistance of his counsel, appellant pleaded not guilty when arraigned on July 10, 1998. In due course, the latter was tried and convicted of qualified rape.
"1. Fourteen-year old Daniela Abino lived with her father, appellant Danilo Abino, at Agua Santa, an old resort located in Bambang, Los Baños, Laguna. Appellant was a member of the Los Baños task force on market security, assigned to night shift duty at the market. Daniela's mother no longer lived with them as she had another family
"2. On the evening of April 6, 1996, appellant came home drunk He took a bath and told Daniela to prepare his things for the market Daniela obeyed him and went to the second floor of their house to fix her father's things. Appellant followed Daniela clad only in his underwear with a towel wrapped around his waist. He embraced Daniela and pressed his penis against her buttocks. Daniela pulled herself away from appellant and went downstairs.
"3. When appellant went down, Daniela told him that she was no longer going with him to his office. Appellant said nothing and left for work. Daniela stayed at the first floor of their house until she decided to go to bed and went upstairs.
"4. Daniela was fast asleep in her bed when she felt somebody on top of her and kissing her. She opened her eyes and saw appellant who was naked. Daniela found herself naked too as she no longer had her panty and shorts on. When Daniela woke up and moved, appellant stood up, dressed himself and then left. Daniela felt intense pain in her vagina and cried.
"5. Daniela put on her panty and tried to sleep, but sleep escaped her and she kept on crying. The following morning, she prepared herself for school and cooked rice. Daniela, however, did not go to school that day and stayed at home.
"6. Daniela did not immediately tell anybody about what appellant did to her. She stayed with him for about seventeen months more or until September 1997. However, Daniela eventually decided to run away from home because she was afraid that appellant might molest and hurt her again.
"7. Daniela stayed in a canteen near `Star City' in Manila. After her stint at the canteen, Daniela worked for one Mando Parr in Pasay City. She, however, left his employ. In December of 1997, Daniela found herself in Baguio City where she met a social worker who placed her in the custody of the Department of Social Welfare and Development.
"8. On December 17, 1997, Daniela was brought by one Aileen Edades of the Commission on Human Rights to the City Health Office in San Pablo City. There she was examined by Dr. Azucena I. Bandoy, the Assistant City Health Officer of San Pablo City.
"9. Dr. Bandoy found that Daniela's sex organ bore a `3rd and 9 o'clock old healed laceration scar' and that the scar was caused by the insertion of a foreign body, specifically, `the penis or a male organ,' into Daniela's vagina According to Dr Bandoy, the laceration might have been inflicted `a year ago'."
"Danilo Abiño y Advincula testified that the allegation in the complaint is not true. The only reason why the complainant filed the rape charge against him is that he is a very strict father, that's the reason why the complainant is angry with him."
"The lower court erred in convicting the accused based on the incredible and inconsistent testimony of Daniela Abiño.Basically, the assigned errors boil down to the sole issue of whether the prosecution evidence proves appellant's guilt beyond reasonable doubt of the crime charged.
"The lower court gravely erred in convicting the accused despite failure of the prosecution to prove his guilt beyond reasonable doubt."
"Art. 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances:Insofar as it is relevant to the present case, the law states that once the crime of rape is proven, the circumstance of father-daughter relationship between the victim and the offender raises the penalty to death. Such relationship, which must be both alleged in the information and proven by the evidence, does not by itself operate to convert carnal knowledge to rape. It bears emphasizing that the law requires that the elements of rape be proven first before the circumstance of relationship can be appreciated to increase the penalty.
"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.
"Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.
"When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death.
"The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:
- when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law-spouse of the parent of the victim.
- when the victim is under the custody of the police or military authorities.
- when the rape is committed in full view of the husband, parent, any of the children of other relatives within the third degree of consanguinity.
- when the victim is a religious or a child below seven (7) years old.
- when the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) disease.
- when committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency.
- when by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation."
In attempting to clarify and consolidate its case against appellant, the prosecution succeeded only in destroying the testimony of its star witness In the process, it further strengthened the premise that, other than lying on top of Daniela and kissing her, appellant did "nothing more" on April 6, 1996.
Q Tell us on the night of April 6, 1996 where were you then? A I was in our house at Agua Santa. Q Where is this Agua Santa where you said you were then? A In Bambang sir. FISCAL: Q: Los Baños, Laguna? A Yes, sir. Q Were you alone in your house or did you have companions at that time? A None, sir. Q What time did you go to sleep that night of April 6, 1996? A I do not know the time sir. Q When asked if you ha[d] any companions on that night of April 6, 1996 you said you ha[d] no companions, tell us why were you alone on that night in your house? A Becaus[e] my father left. Q How about your mother, do you have any mother? A Yes, sir. Q Where was she on that night of April 6, 1996? A She already has another family. Q What time did you wake up that night of April 6, 1996? A I do not know. Q Were you able to continuously sleep the whole night of April 6, 1996? A No, sir. Q Why? A Because that night, my father who was dr[u]nk took his bath and after that he told me to fix his things in going to the office. So I went upstairs to fix his things and he followed me. ATTY. PADERAYON: Before the next question, we object to the answer, your honor, considering that that is not responsive to the question. FISCAL: Q Where did he follow you? A To the second floor of our house. Q After your father followed you [o]n the second floor of your house, what did he do? if any? A He told me it was cold. Q After he embraced you, what happened? A "Yong ari niya idinikit sa puwet ko." Q After he did that to you, what did he do next? A "Umalis ako sa harap niya at bumaba [ako] ng hagdan." (Witness is crying) Q After you said you left and went down, what did your father do? A He dressed up and when he was already on the first floor, I told him that I will not go with him anymore [to] the office. Q Why? Did he ask you to go with him [to] the office? A Yes, sir, we are always together in his office and I am sleeping in his office. Q By the way, where [is] this office where you said your father is working? A Near the market sir. Q What is his work in the market? A Tax collector sir. Q After you told your father that you will not go with him anymore what did he tell you? A Nothing, he just left. Q On your part, what did you do after your father left? A I just stayed in the first floor of our house, up to x x x nigh[t] time and when x x x night time came I went to sleep. FISCAL: Q: Did your father come back that night? A Yes, sir. ATTY. PADERAYON: Leading, your honor. FISCAL: Q: Why did you know that your father went back that night? A I saw him that night. Q At what time did you see him and what was he doing at the time you saw him? A When I saw him that night I don't know what time was that[.] I returned to sleep and I was awakened and felt that someone was on my top. Q Were you able to recognize who was that somebody who was on your top? A Yes, sir. Q Who? A My father sir. Q What was your father doing at the time you said he was on top of you? A When I opened my eyes he left me. Q Can you tell us what your father was wearing when you said he was on top of you? A Pants and white t-shirt and [he] was wearing a vest. Q And when your father you said left what did you notice on your self? A My private part was painful. FISCAL: Q: Aside from the pain that you felt what else did you [notice] from your private part? A "Mahapdi" whenever I am urinating. Q When you said you felt pain after your father left, what were you wearing? A I was wearing my uniform. Q At the time your father left at the time you saw him, what were you wearing? A I was wearing skirt and shorts. Q So when you said you felt pain after you said your father was on top of [you] and then you left, what did you do? A I noticed my panty was yellowish and was hot "mainit ng konti". Q And when you noticed these things, what did you do? A I just cried. Q Where was your father at the time you said you were crying? A He returned to the market. Q Finally, what time did you wake up that morning? A I was not able to sleep then. Q The following morning, what did you do? A I cooked rice and prepared myself [for] school. Q Did you go to school the following day? A No, sir. FISCAL: Q: Why? A I felt lazy. Q What did you do that day of April 7 when you said you did not go to school? A Nothing sir. I just stayed in the house. Then, on redirect examination, she testified: Q: Now you said that you woke up, your father was on top of you, what was he doing at that time when he was on your top? A: He was kissing me, sir. Q: And aside from kissing, what else x x x did [he do] to you? A: Nothing more, sir."