354 Phil. 46
PER CURIAM:
“That on or about July 1994, in the City of Tacloban, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation did, then and there wilfully, unlawfully and feloniously have carnal knowledge with WILMA ESCALA, his 14 year old daughter, against her consent.Upon his arraignment, the accused pleaded “not guilty” to the charge.
“CONTRARY TO LAW.”[3]
“WHEREFORE, this Court without any reservation sentences the accused OSCAR ESCALA to the penalty of DEATH, without pronouncement on moral damages no claim having been presented on the matter.The death penalty having been imposed on Oscar Escala, his conviction is now up for automatic review by the Court.
“Let the accused be transferred to the National Penitentiary at Muntinlupa, Rizal.
“SO ORDERED.”[5]
“1. The Court a quo erred in giving evidentiary weight to the testimony of the complainant, which is highly incredible and unreliable, and in disregarding the evidence adduced by the accused-appellant.It does appear that the main issue raised by appellant is the credibility of Wilma Escala. Appellant claims that between the accusation made against him and his protestation of innocence, it is the latter, not the former, that deserves credence.
“2. The Court a quo gravely erred in convicting accused-appellant Oscar Escala of the crime of rape despite failure of the prosecution to prove his guilt beyond reasonable doubt.”[6]
The Court has failed to find any serious flaw on complainant’s testimony nor on the conclusions made by the trial court which, to the contrary, would appear to be properly founded on the direct, positive and categorical statements made by the offended party in most material points.[8] The trial court has ably come up with these findings:
Q Do you remember having filed a complaint for Rape against Oscar Escala, your father? A Yes, ma’am. Q “I am showing to you a complaint for Rape dated October 6, 1994, will you please identify whether this is the complaint you said you filed against your father? A Yes, this is the one. Q Over typewritten name Wilma Escala is a signature in the lower right hand portion of this complaint, will you please identify whose signature is this? A This is my signature. “FISCAL REYES:
For purpose of identification your Honor we request that this complaint be marked as Exh. A and signature of Wilma Escala be encircled and be marked as Exh. A-1. “COURT: Mark it
“FISCAL REYES: Q You stated in this complaint that you were raped by your father, do you remember when was that? A That was when I was still in Grade VI. Q How old were you when you were in Grade VI? A Twelve years old Q Why do you say that you were raped? A He undressed me and he pointed a scythe at me. Q After he undressed you, what did he do? A He inserted his penis inside my vagina. Q How did you feel when he inserted his penis inside your vagina? A At first I felt pain but later on there was no pain anymore. Q Is your mother still living? A Yes. Q Where was she residing at the time you said you were raped by your father? A She was living in our house. Q Was she present when you were raped? A She was asleep Q “Did you not tell your mother about what was done to you by your father?
A I did not tell my mother what was done to me by my father because he threatened to kill me if I would tell my mother. “FISCAL REYES: Q Was that the only time that you were raped by your father when you were still 12 years old? A He started raping me when I was still 12 years old until last July 1994. “Q From the time you were 12 years old up to July, 1994, do you remember how many times you were raped by your father? A I can not recall anymore because I have been raped so many times. “COURT: Q She was raped when she was Grave VI and at that time she was 12 years old. When you say that you were raped so many times after that first rape it was followed by other several incidents of rape? A Yes, your Honor. Q But you can not remember the dates? A I can not remember anymore the dates. Q After the first rape, how many times were you raped, more or less? A I was raped so many times. Q Ten? A More than 10 times. Q And the last time that you were raped was July, 1994? A Yes, your Honor. “FISCAL REYES:
1994 there was no specific date. “COURT: Q Okey, is your father here? A Yes, your Honor. "COURT: Q Will you point him out to this Court? A That one wearing an orange t-shirt. “COURT INTERPRETER: Witness pointing to a person inside the Courtroom when asked for his name answered Oscar Escala. “COURT: Fiscal go ahead. “FISCAL REYES: Q From the time you were 12 years old up to July, 1994 do you remember if your father raped you about once a week or how often – how many times in one week did your father sexually abuse you? “COURT Witness said she can not recall. “FISCAL REYES: Q Well, if the question says how many time in one week? A Sometimes he raped me 3 times sometimes four times. Q And this lasted on July, 1994? A Yes, ma’am. Q From July 1994 up to the present, where did you stay? A I stayed in San Jose up to the present. Q And that was the date you transferred residence away from your father? A It was in August, 1994 when I transferred residence. Q Why did you transfer residence? A Because I do not want to be raped again by my father. Q Are still staying with your mother? A No more, I am staying in San Jose. “COURT: Let us first go to – where was this rape on July 1994 committed in your house in, where? Q In whose house in San Jose? A I am staying in the house of the father of my common-law husband. “FISCAL REYES:
Q About this July 1994 you said that this was the last time you were raped by your father, do you remember how you were raped by your father? “COURT A In our house at Sampaguita, Tacloban City.
“FISCAL REYES: Q Do you remember what time was that when you were last raped by your father? Was it during the night time or during the day time? A Night time. Q Do you have any brother or sister? A Yes, ma’am Q How many? A We are eight brothers and sisters. Q Who were staying with you last July, 1994? A All of us, my father and mother and my brothers and sister. Q In what portion of your house were you raped? A Outside of the bedroom of our house because we do not sleep in that bedroom because we cannot be accommodated in the bedroom Q Were you sleeping together with your father, mother, brothers and sister? A Yes, we sleep together. “FISCAL REYES: Q When you said you were raped by your father on that July, 1994 where were your brothers, sister and mother? A They were at the house. Q What were they doing? A They were sleeping when I was raped. Q Now you said that you were raped outside the bedroom, who sleeps inside the bedroom? A Nobody sleeps inside the bedroom. “COURT: Q And outside the bedroom is the sala? A Yes, your Honor. Q And you said that your father, your mother, brothers and sister are sleeping in the sala? A Yes, your Honor. Q You have your own mat or bed? A No, sir, we share the same mat. Q You were in the middle or in the extreme? A I was at the extreme. Q How about your father? A He was also sleeping next to me. Q Immediately next to you? A Yes, your Honor. Q Alright. What time was it during the night that you were raped? A Sometimes he would rape me at 10:00 o'clock sometimes 11:00 o'clock in the evening when my mother was asleep. Q On this July, 1994 what time was you raped? A I was raped at 10:00 o’clock in the evening. “COURT: Q Alright, described to us how you were raped? A He would undress me while pointing a knife against me and place his penis on my vagina. Q How many times did he rape you on July 1994? A I can not recall. Q You can not give us the date in July when you were raped? A No, your Honor. Q Why? A I can not recall because there were so many times on that July, 1994. Q When you said that you were raped, sometimes 3 times sometimes 4 times a week your are referring to 1994? A Yes, even before 1994. Q So last time that you were raped was about 10:00 o’clock in the evening, was your father able to put his penis inside your vagina? A Yes, sir. Q And he ejaculated? A Yes, sir. Q In the last rape, how long did the intercourse last? A It lasted for about 10 minutes. Q Like the other incidents of rape? A Yes, your Honor. Q Why did you not tell your mother that you had been raped for several years already? A Because he would threaten to kill me if I would tell my mother. Q And everytime you were raped in the evening he sleeps close to you? A Yes, your Honor. “COURT: QSo you already have a premonition that the moment he sleeps near you, he will rape you?
A Yes, your Honor. Q Why did you not transfer you sleeping position? A He would not allow me to transfer, he would get angry if I would transfer to another position in the house to sleep.”[7]
Issues that touch on the credibility of witnesses are matters best addressed to the sound judgment of the trial court. Its assessments deserve to be received with respect, if not conclusiveness on appeal, absent a clear showing of arbitrariness on its part[10] that certainly is not the case here.
“1. Wilma was not able to submit any medical certificate to attest that she was sexually abused by her father for she did not submit to any medical examination. Although this matter was not raised by defense counsel, the authority is, ‘it is not necessary that there should be a medical examination of the victim in rape cases because the same is not an indispensable requisite of rape. (People vs. Diaz, 22 SCRA 147.)
“2. While it was only the testimony of the daughter that whenever she was rape by her father she gave no consent, the fact that no physical evidence corroborates such offer of resistance, such absence of proof of violence or offer of resistance would not be significant because of the overpowering and overbearing moral influence of their father over his daughter, which takes the place of violence and offer of resistance required in rape cases committed by an accused having no blood relationship with the victim. (People vs. Matrimonio, 215 SCRA 613; People vs. Mabungan, 215 SCRA 694.)
“3. On the denial of the father of raping his daughter, it is unbelievable that a daughter would falsely accuse her very own father of a very serious crime and herself undergo the ordeal and embarassment of a public trial simply to side with her common-law husband. There is yet no daughter with such a conscience who will permit herself to be the instrument of punishment on a false indictment against her own flesh and blood, and bring down her own family in shame and disrepute. This is extremely remote in a Filipino family.
“4. On the amendment of the Information from ‘That on or about July 1994 x x x’ to ‘That on or about July 31, 1994 x x x’ which stated more specifically when the rape was committed in the month of July 1994 is not a substantial amendment as it does not alter the offense charged. (People vs. Borromeo, 123 SCRA 253.) And the precise date when complainant was sexually abused is not an essential element of the offense. (People vs. Ocampo, 206 SCRA 223). This Court is convinced beyond reasonable doubt that accused Oscar Escala raped his daughter Wilma on July 31, 1994.”[9]
“The crime of rape shall be punished by reclusion perpetua.
“Whenever the crime of rape is committed with the use of 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.
“During the deliberation of this case, I have been asked by my colleagues who constitute the overwhelming majority of this Court to refrain from voting against the imposition of the death penalty.[22] After all, they say, I have already expressed my 32-page Separate Opinion (copy attached) in People vs. Echegaray,[23] and a reiteration of my views and the repetitive casting of my negative vote are now unnecessary, redundant, and even improper. Therefore, they chorus, I should now, in obeisance to the majority’s will, cast a vote in favor of imposing the death penalty and thereby open the way to a unanimous vote.Although he and three other Members of the court maintain their adherence to the separate opinions expressed in People vs. Echegaray (G.R. No. 117472, 07 February 1997) that Republic Act No. 7659, insofar as it prescribes the death penalty, in unconstitutional; they, nevertheless, submit to the ruling of the Court which, by a majority vote, has heretofore decreed that the law is constitutional and that the death penalty should accordingly be imposed.
“With all due respect and after much soul-searching, reflection and prayer, I regret that I still cannot accede. While I bow to the majority’s decision and will abide by it, I stand on my right, as a member of this Court, to cast my negative vote on every decision and action that seeks to impose the death penalty pursuant to a law which I firmly believe to be unconstitutional and therefore nonexistent. Every review of a criminal case by this Court, particularly one involving the capital penalty, is a review de novo, a meticulous review of the whole case -- of every fact, evidence, issue and argument possible -- whether raised by the parties or not. This is basic and historically axiomatic.[24] In every such review, I plainly see the constitutionality of RA 7659, insofar as it prescribes death as a glaringly indispensable issue to which I cannot close my eyes. My duty to this Court, to this country, to my conscience and to my God requires me to speak out courageously and resolutely.
“That the overwhelmingly majority of the present members of this Court believes otherwise does not distract me or discourage me from casting my vote as my conscience and my duty impel me. To agree with this law is their privilege. I leave that to their individual consciences and perceptions of duty. But as for me, I fervently believe that this law is totally abhorrent to our fundamental law and to my fundamental faith, and I will steadfastly vote in accordance with such belief every time a case involving the said law is brought before me.
"Today, I may belong to the small minority which believes in the total nullity of the death penalty law. That does not faze me. Neither does it necessarily prove me wrong. Nor the majority, right. It has been reported[25] that there are now about 600 death cases (and increasing at the rate of 30 more monthly) decided by trial courts and awaiting automatic review by the Supreme Court. And even if only fifty percent of these cases are affirmed by this Court, my negative vote notwithstanding one convict may have to be put to death every working day in the near future. That would be massacre more gruesome that the AIDS epidemic and the Cambodian killing fields and more detestable than the very crimes which this execrable law purportedly seeks to prevent or vindicate. The Philippines and this court would have the dubious distinction of being the worst judicial killers in this world where ironically, the death penalty is being phased out.[26]
"In life, there are certain basic principles and values I hold sacred and inviolable. And no power on earth, no law in this country or elsewhere, can deny me my faith in such principles and values, and in acting consistently with them. Some may think this is improvident or foolhardy. That is the risk I am willing to take to uphold my conviction. Hence, with all due respect, I will continue to vote against every death penalty imposed against any man or woman and to uphold my belief in the transcendent value of life and in the absolute nullity of this law.[27]
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