411 Phil. 692
VITUG, J.:
"`That, sometime in the month of August, 1995, in the Municipality of Himamaylan, Province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, who is the father of the herein offended party, with lewd design, by means of force, violence and intimidation, and with the use of a deadly weapon, did, then and there wilfully, unlawfully and feloniously have carnal knowledge of and/or sexual intercourse with JENNY GALENO y ABKILAN, 17 years old, against her will.'"and
"`That, sometime in the first week of September, 1995, in the Municipality of Himamaylan, Province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, who is the father of the herein offended party, with lewd design, by means of force, violence and intimidation, and with the use of a deadly weapon, did, then and there wilfully, unlawfully and feloniously have carnal knowledge of and/or sexual intercourse with JENNY GALENO y ABKILAN, 17 years old, against her will.'"and
"`That, sometime in the second week of September, 1995, in the Municipality of Himamaylan, Province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, who is the father of the herein offended party, with lewd design, by means of force, violence and intimidation, and with the use of deadly weapon, did, then and there wilfully, unlawfully and feloniously have carnal knowledge of and/or sexual intercourse with JENNY GALENO y ABKILAN, 17 years old, against her will.'
"and
"`That, sometime in the third week of September, 1995, in the Municipality of Himamaylan, Province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, who is the father of the herein offended party, with lewd design, by means of force, violence and intimidation, and with the use of a deadly weapon, did, then and there wilfully, unlawfully and feloniously have carnal knowledge of and/or sexual intercourse with JENNY GALENO y ABKILAN, 17 years old, against her will.'"and
"`That, sometime in the fourth week of September, 1995, in the Municipality of Himamaylan, Province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, who is the father of the herein offended party, with lewd design, by means of force, violence and intimidation, and with the use of a deadly weapon, did, then and there, wilfully, unlawfully and feloniously have carnal knowledge of and/or sexual intercourse with JENNY GALENO y ABKILAN, 17 years old, against her will.'"[2]
"QUESTION:In the course of your testimony you admitted having a sexual intercourse with Gina?
"ANSWER:Yes, sir.
"QUESTION:How may times?
"ANSWER:I cannot remember how many times.
"QUESTION:But the fact is there were many times?
"ANSWER:I just cannot be sure.
"QUESTION:Could have it been twice?
"ANSWER:Maybe more than two (2) times.
"QUESTION:Four (4) times.
"ANSWER:Maybe around that number.
"QUESTION:But definitely it was not six (6) times?
"ANSWER:No, sir.
"x x x x x x x x x
"QUESTION:The first time you fuck your daughter Jenny was she still studying?
"ANSWER:Yes, sir.
"QUESTION:Where did you fuck your daughter the first time, in what place?
"ANSWER:In our house.
"QUESTION:What time did you did it happen?
"ANSWER:Night time.
"QUESTION:The second time?
"ANSWER:During the day time.
"QUESTION:Were you not confused that it might be at the first time in the noon and second, evening?
"ANSWER:I am sure the first time was during night time and the second time day time.
"QUESTION:During 3rd time?
"ANSWER:Also day time.
"QUESTION:The 4th time?
"ANSWER:Also day time."[3]
"WHEREFORE, based on the foregoing premises and considerations, the court finds the accused, Claudio Galeno y Magbanua alias `Oding', guilty beyond reasonable doubt of five (5) counts of rape and he is hereby sentenced to suffer five (5) death penalties.
"The accused is hereby ordered to indemnify the victim the sum of P250,000.00 with accessory penalties."[4]
"THE TRIAL COURT ERRED IN FINDING ACCUSED-APPELLANT CLAUDIO GALENO Y MAGBANUA GUILTY BEYOND REASONABLE DOUBT OF FIVE (5) COUNTS OF RAPE AND IN SENTENCING HIM TO SUFFER FIVE (5) DEATH PENALTIES"[5] -
"QUESTION:Awhile ago, Miss Witness, you testified that you were raped by your father for the first time sometime in August, 1995, could you please narrate to this Honorable Court what particular day in August, 1995 you were raped by your father?
"ANSWER:There was no class at that day.
"QUESTION:What day of the week?
"ANSWER:I cannot recall what day but I can only remember that there was no class.
"QUESTION:What time of the day did your father rape you?
"ANSWER:It was noontime.
"QUESTION:Where were you raped by your father sometime in August 1995?
"ANSWER:Inside our house.
"QUESTION:Where is your house located?
"ANSWER:So. Limbo, Brgy. Nabali-an, Himamaylan, Negros Occidental.
"x x x x x x x x x
"QUESTION:Now, could you please narrate to this court how your father raped you in August, 1995?
"ANSWER:He pointed a long sharp bolo at my neck and told me to undress myself.
"QUESTION:What were you doing before your father raped you?
"ANSWER:I was sitting downstairs, lying and listening to the radio because I was alone.
"QUESTION:Now, you said that your mother was out at that time including your brothers and sisters, why is it that you were alone in your house?
"ANSWER:Because I was told by my mother not to go out to watch our animals and pets around.
"QUESTION:You said that your father pointed a bolo at your neck before he raped you, why, where did your father bring you and what part of your house were you raped by your father?
"ANSWER:Inside the room of our house.
"QUESTION:And could you describe in details how your father raped you?
"ANSWER:He pointed a bolo at my neck and told me to undress myself. I don't want to do it but I was afraid the bolo might cut my neck, so, I obeyed what he said.
"QUESTION:You said that he told you to undress, did you undress?
"ANSWER:Yes, sir.
"QUESTION:After you undress, what happened next?
"ANSWER:He laid me down.
"QUESTION:Did you lie down voluntarily?
"ANSWER:No, sir, he forced me to lie down.
"QUESTION:Did you struggle not to lie down?
"ANSWER:Yes, sir.
"QUESTION:Were you able to free yourself?
"ANSWER:I struggled to free myself but he was stronger than I am, being a man, so, I was not able to do it.
"QUESTION:After you lay down what happened next?
"ANSWER:He also undressed himself.
"QUESTION:You said he took off something, what did he take off?
"ANSWER:His short pants.
"QUESTION:How about his clothes?
"ANSWER:Only his brief but his shirt was left.
"QUESTION:After he took off his brief, what happened next?
"ANSWER:He let me spread out my legs.
"QUESTION:Then after that, what happened?
"ANSWER:He placed himself on top of me.
"QUESTION:While he was on top of you, did you struggle?
"ANSWER:Yes, sir.
"QUESTION:Were you able to free yourself when he was already on top of you?
"ANSWER:No, sir.
"QUESTION:After that, what happened next when he was already on top of you?
"ANSWER:He made a motion of push and pull.
"QUESTION:That was already when he was on top of you?
"ANSWER:Yes, sir.
"QUESTION:When he was making this motion of push and pull, what did you do?
"ANSWER:I felt that there was something getting inside my vagina.
"QUESTION:Do you know what was that something getting inside your vagina?
"ANSWER:Yes, sir, his penis.
"QUESTION:And how long did he do that?
"ANSWER:About half an hour.
"QUESTION:And after half an hour, what did he do?
"ANSWER:He pull out his penis and I felt something hot inside my vagina.
"QUESTION:You said, awhile ago, that he was holding a bolo while he was on top of you, making a push and pull, where was the bolo?
"ANSWER:The bolo was still pointing at my neck.
"QUESTION:And according to you, when you were already lying down, he took off his shorts, where was the bolo when he was taking of his shorts?
"ANSWER:He was still holding the bolo.
"QUESTION:And could you show or describe to this Honorable Court how was he able to spread your legs?
"ANSWER:His other hand was holding my legs and his other hand was holding the bolo.
"QUESTION:For about thirty minutes, he withdrew his penis from your private part, after he withdrew his penis from your private part, did you feel anything?
"ANSWER:Yes, sir.
"QUESTION:What?
"ANSWER:Pain.
"QUESTION:In what part of your body did you feel the pain?
"ANSWER:In my vagina.
"QUESTION:Did you examine what was it, why it is that it was painful?
"ANSWER:Yes, sir.
"QUESTION:Did you discover anything?
"ANSWER:Yes, sir, it was bleeding.
"x x x x x x x x x
"QUESTION:How did your father raped you for the second time during the first week of September, 1995?
"ANSWER:He pointed a knife at my leftside.
"QUESTION:What were you exactly doing when your father raped you for the second time?
"ANSWER:I was sleeping.
"QUESTION:Where?
"ANSWER:Downstairs.
"x x x x x x x x x
"QUESTION:According to you, your father pointed a knife at the left side of your body, after that, what did he do?
"ANSWER:He removed my panty and he placed himself on top of me.
"QUESTION:Awhile ago, you said that you were sleeping and then your father pointed a knife, were you surprised?
"ANSWER:Yes, sir, I was surprised.
"QUESTION:Did you shout because you were surprised?
"ANSWER:He covered my mouth with his hand.
"QUESTION:Did you struggle?
"ANSWER:Yes, sir.
"QUESTION:Were you able to free yourself from him?
"ANSWER:No, sir.
"QUESTION:Why?
"ANSWER:Because he was strong.
"QUESTION:Can you describe how long was that knife?
"ANSWER:About 10 inches.
"QUESTION:After your father pointed a knife at the side of your body, what did he do?
"ANSWER:He removed my panty.
"QUESTION:What else did he do?
"ANSWER:He placed his body on top of me.
"QUESTION:What did he do while he was on top of you?
"ANSWER:He made a motion of push and pull.
"x x x x x x x x x
"QUESTION:Could you describe again to this Honorable Court how your father raped you for the third time in the second week of September, 1995?
"ANSWER:He was holding my hands so that I cannot move and at the same time covering my mouth.
"QUESTION:In what particular part of your house did your father rape you for the third time on the second week of September, 1995?
"ANSWER:The same - downstairs.
"QUESTION:How did your father raped you?
"ANSWER:He was holding my hands and covering my mouth and then he spread out my legs.
"QUESTION:Since this happened at nighttime, where was your mother at that time?
"ANSWER:My mother was sleeping upstairs.
"QUESTION:How about your brothers and sisters?
"ANSWER:They were also sleeping.
"QUESTION:How about you, where were you sleeping at that time?
"ANSWER:I was sleeping downstairs.
"QUESTION:Who was your companion, if any, sleeping downstairs?
"ANSWER:My brother who was also sleeping on the other bed.
"QUESTION:How about your father?
Did you report this incident after your father repeatedly raped you for the third time?
"ANSWER:No, sir.
"QUESTION:Why?
"ANSWER:Because whenever I came near to my mother, he looked at me with a piercing eyes and at the same time he will hold a bolo.
"QUESTION:How about the fourth time that your father raped you, where did this happen?
"ANSWER:The same - in our house.
"QUESTION:And how did your father raped you, will you please describe before this Honorable Court?
"ANSWER:He forced me even if I refused.
"QUESTION:Did he have any weapon when he raped you for the fourth time?
"ANSWER:Yes, sir.
"QUESTION:What?
"ANSWER:The same - knife.
"QUESTION:And could you remember the day of the week when he raped you for the fourth time?
"ANSWER:I think it was Saturday because I have no class at that time.
"QUESTION:What time of the day did your father rape you for the fourth time?
"ANSWER:Noon time.
"QUESTION:Do you have any companion when your father raped you for the fourth time on the third week of September 1995?
"ANSWER:I was alone.
"x x x x x x x x x
"QUESTION:How about for the fifth and the last time, how did your father rape you?
"ANSWER:If I will not submit to what he wants, he will kill us all.
"QUESTION:Where did he rape you?
"ANSWER:In our house also.
"QUESTION:In what particular part of your house?
"ANSWER:Inside our room.
"QUESTION:Ground floor or second floor?
"ANSWER:Upstairs."[6]