472 Phil. 121
AZCUNA, J.:
One of the rules observed in examining the testimony of a complainant in rape cases is that it must not only proceed from the mouth of a credible witness but must be credible in itself such as the common experience and observation of mankind can approve under the circumstances. Whatever is repugnant to these standards becomes incredible and lies outside judicial cognizance.[12]
Q - On June 8, 2000, who were in your parents’ house? A - Only us. My two (2) children and my three (3) younger siblings. Q - How about your father? A - He was there. Q - How about your mother? A - Not there. Q - Where was your mother then? A - In Cajimos. Q - What municipality? A - Bgy. Cajimos. Q - Is Cajimos located in San Agustin? A - Not there, only here. Q - What is the municipality here? A - Municipality of Romblon. Q - What time did you sleep that night? A - About 9:00 o’clock, sir. COURT: Q - What date? PROS. BENEDICTO: June 8, 2000. PROS. BENEDICTO continuing: Q - What time did your father sleep if you know? A - I don’t know if he was already asleep. Q - Do you know what time your children and your siblings sle[pt] that night? A - They slept early. Q - How many rooms were there in the house of your parents [sic]? A - We slept together. Q - You did not answer my question. A - We do not have rooms, sir. Q - Do you have beds? A - None, sir. Q - Where does you father usually sle[ep], which part of your house? A - Near the door, sir. Q - How about your mother? A - Also somewhere [in] that place, sir. Q - How about your children, which part of the house? A - Somewhere in the inside part. Q - Around how far from the place where you father usually sleep[s]? A - Near. Because we just sleep side by side. Q - Can you estimate the distance from where you are sitting now? The distance from where you were sleeping to where your father usually sleep[s]? A - Only from here to there (witness pointing to a distance of 70 centimeters [sic]). Q - From you or from your children? A - From me, sir. Q - If you know, is your father still sexually active? A - Yes, sir. Q - Tell us why you came to this conclusion? A - Because he is still strong. Q - How about your mother, is she still sexually active? A - I don’t know. Q - So you said you slept in the evening of June 8, 2000, what happened after you slept? ATTY. GERONIMO: Translate the first testimony of the witness, Your Honor. A - That is it. He raped me … ATTY. GERONIMO: No. Eyot [can] be considered as sexual intercourse but not rape. There was no showing that the man used force in sexually … COURT: What is the translation? INTERPRETER: He raped me. The word, Your Honor, is that ineyot niya ako [sic] that is not nag-eyot kami which was different because both parties have consent but in this time … ATTY. GERONIMO: But still there was no showing that there was force employed. COURT: He sexually penetrated me. ATTY. GERONIMO: Yes, Your Honor. He sexually penetrated me. And I asked him, “Tatay, why me?” and he answered, “Anyway, your mother is not here so we will just do it.” PROS. BENEDICTO continuing: Q - What were you wearing that night when you slept? A - Wearing short and duster. Q - Was there a bra? A - I have a bra. Q - The fourth paragraph of Exh. A said you felt somebody touched all over your body, which parts of your body were you touched? A - On my thighs up to here (witness pointing to her left breast). Q - What else? A - Breast. Q - What else? A - None. Q - You stated further that when you opened your eyes, you saw your father Avelino Relox already sitting beside you still holding and touching the different parts of your body, what were the different parts of your body [that] your father was holding when you were already awakened and while he was sitting beside you? A - Here (witness pointing to her stomach). Q - Did you have stomach ache that night? A - Yes, sir. Q - You said in paragraph 5, at this juncture I tried to resist, what did you resist when you said you try to resist? COURT: Do not blame the Court if your father is acquitted. On second thought you can blame anybody. But my request is before you blame anybody, you blame yourself first. PROS. BENEDICTO continuing: Q - So can we have your answer again, what did you resist at that juncture? A - I told him, no tatay, because I was afraid of him but he told me, your nanay is not around so it will be the two of us. Q - What was your father wearing when you saw him sitting beside you? A - Wearing shorts only. Q - You said in paragraph 5, that your father held both of your arms, immediately lay you down and simultaneously pull down your shortpants together with your panty, what hands did he use in pulling your shorts and panty simultaneously? A - This hand (witness motioning her right hand). Q - What was his left hand doing while his right hand was pulling your shorts and panty? A - He was holding me here (witness pointing to her upper arm). And then he held me this way, (witness now using her left hand used by her father in holding her [and] her right hand to demonstrate the hand that was used by her father in pulling down the shorts and panty). Q - When you sle[pt] that night, to which direction were your children and siblings sleeping relative to you, to your right or your left? A - Both sides sir. Q - Who was lying down immediately on your left side? A - My son. Q - Name? A - Andrean. Q - Was anybody lying down after Andrean? A - None, sir. Q - On your [right] side,[10] who was lying down or sleeping if any? A - Jonadel. Q - Brother or son? A - Also my child. Q - After Jonadel, was there anybody lying down sleeping? A - Michael? Q - Who is Michael? A - My younger brother. Q - Age? A - Five (5) years. Q - After Michael, was there anybody lying down sleeping? A - None, sir. Q - So, there were three (3) sleeping on your left and right side? A - Yes, sir. Q - On which side did your father Avelino Rolex sit or sat [sic] when you were awakened that evening? A - Here on the left side somewhere (witness referring to her left side). Q - Immediately after you or far from you? A - Next to my child because he moved aside my child. Q - You said that after pulling down your shorts and panty he finally inserted his private part into my [sic] vagina penetrating it and so you felt pain. What happened to the short pants of your father? A - He removed it. Q - When or at what point? A - He removed his shorts and then he sexually penetrated me. x x x Q - Where did he place your short pants and panty after pulling it down? A - There on the side. Q - On your left side or your right side? A - Somewhere here (Witness is referring to her lower left side). Q - Did he stand up when he took off his short pants? A - He stood up, sir. Q - And what did you see after he took off his shorts, what did you see in front of him? A - I saw his penis (witness laughing) Q - Was there a light that night when you woke up? A - We have that lamp that we used overnight. Q - And that is the reason wh[y] you saw your father’s penis? A - That is why I saw him because we have light. Q - How long is that penis that you saw? INTERPRETER: Witness referring to the length ten (10) centimeters. Witness laughing. PROS. BENEDICTO continuing: Q - When you saw the penis of your father when he took off his pants when he was standing, was the penis horizontal to the ground facing upward or was it downward? A - Horizontal. Q - What happened to your left and right thigh before your father penetrated you? A - He pinned them down. Q - What did your father use in pinning your left and right thighs? A - He used his paa (now witness pointing to her knees). Q - Just before your father penetrated you, what were the position of your left and right hands while you were lying down? A - Like this (witness now raising both her left and right arms to her shoulder level) because he held my hands. Q - Did he kiss your lips before he penetrated you? A - On my face. Q - How about your breast, did he kiss your breast? A - No, sir. Q - How many thrust[s] did it take your father to consummate or to penetrate you? A - Three (3) times. Q - In paragraph 6 of your complaint affidavit, you stated that the said sexual or evil acts committed by your father [were] against your will, what do you mean by this? A - What I mean[t] with that is that he must be punished for what he did to me. Q - Specifically, what did you mean when you said against my will? A - I really did not like what he did to me but he really forced and insisted. Q - Immediately before and during the alleged sexual intercourse, did you shout in loud voice, “I don’t like it, stop, I don’t like it”? A - I told him to stop it. COURT: Q - No, you did not answer the question, answer the question? A - I told him, “tatay, stop it have pity on me” but he continued. PROS. BENEDICTO continuing: Q - I heard you say at first guinsingit ko then you changed guinhambay ko, does it mean that you said it in a soft voice and not in a shouting voice? A - I told him in a soft voice because even if I shout[ed] nobody would hear us and nobody would come to help me. Q - How far is the nearest house from the house of your parents? A - One (1) kilometer. We are far. We don’t have neighbors. Q - Is the land where your house is erected yours? A - No, Your Honor. We are just staying there. Q - But you shouted to your child to wake up and help you? A - I shouted but the children were not awaken[ed]. Q - Did you submit to medical examination? A - Yes, sir. Q - Was there a document or a medico legal certificate issued? A - There was. Q - Have you seen that medical certificate? A - Yes, sir. Q - Showing to you Exh. B, is this your medical certificate you are referring to? A - Yes sir, this is it, sir. Q - How long did your father take to satisfy himself? A - About half an hour. Q - Did semen come out of his penis if you know? A - Yes, sir. Q - After the sexual intercourse, what happened? A - He stood up. Q - How about you? A - I did not sleep anymore. Q - Your father [slept] afterwards? A - He did not sleep. Q - Did your mother arrive the next day? A - Only there in the munisipyo. Q - After the intercourse, when was the first time you met your mother? A - On that morning the 9th of June. Q - What time did your mother arrive? A - She arrived at the munisipyo at about 9:00 o’clock. Q - How about you, what did you do next morning? A - I returned home. Q - Where did you meet your mother for the first time? A - At the munisipyo already. Q - Why was your mother in the municipal building? A - Because my mother reported ahead because he had her ejected (pinalayas). Q - Where were you when your father was ejecting your mother? A - In the house. Q - Why did your father eject your mother? A - Because my mother has a man according to him. Q - What do you say to that charge of your father to your mother? A - My mother do[es]n’t have a man. Q - Was your mother able to enter your house the following morning? A - She was able to enter when my father was already in the munisipyo. My mother was able to enter our house. Q - That following morning, did you see your mother and she saw you? A - It was me who saw my mother. Q - Did you utter anything when you saw your mother? A - I told something to my mother. Q - What was that? A - That I was sexually penetrated by tatay. Q - What did your mother say, if any? A - My mother said that he should be [i]ncarcerated. Q - Did your mother confront your father regarding what you told her? A - No. On cross-examination:[11] Q - According to par. 5 of your affidavit [sic] you tried to resist but failed because both your arms were held by your father, is that correct? A - Yes, sir. Q - Is it correct that your father pulled down your short pants together with your panty while he is holding your hands, is that correct? A - Yes, sir. Q - Am I correct to say that both of the hands of your father [are] also holding both of your hands, is that correct? A - Yes, sir. Q - And despite of that you did not resist vigorously? A - I already- COURT: You know what, if this Court will convict the accused and there will be an appeal, the Honorable Supreme Court may acquit the accused because it might say that it is impossible for the accused to be holding both your arms and at the same time pulling your shorts and panty, which is really correct? It is possible but there is a problem there. In that statement, there is a problem in that conclusion. Please translate what the court said to the witness. Proceed. ATTY. GERONIMO continuing: Q - You mean to say that by resisting vigorously you are moving your buttocks left and right or up and down? A - I was evading him. Q - And despite this evasion he was able to penetrate your vagina on the third thrust, is that correct? A - He was firmly holding me and he was even threatening me that he would kill all of us. Q - By the way, how old is your younger brother Ms. Witness? A - Five (5) years old. Q - And the other one? A - Seventeen (17). Q - And that seventeen (17) year old younger brother of yours was there at that time? A - They were already asleep. Q - What was the distance of that seventeen (17) year old brother of yours from you on that particular day, 2:00 o’clock in the early morning of June 9, 2000? A - It is quite far. From here to that corner (witness pointing to the side of the reelings [sic] of the rostrum from the witness stand which when measured appears to be 3.80 meters).x x x Q - You did not try to awake your brother while your father was trying to take advantage of you? A - I could not reach for him because I was being held by my Tatay.x x x Q - Is this the man whom you are accusing now Ms. Witness? A - Yes, sir (counsel approached somebody inside the courtroom wearing a white t-shirt). COURT: The Court observed that the accused could hardly walk, could hardly stand, could hardly move. ATTY. GERONIMO continuing: Q - You know that he is more than sixty (60) years old now? A - I know that already, sir. Q - And you are thirty three (33) years old? A - Yes, sir. Q - And you can see that you are healthier than your father, is that correct? A - Yes, sir. COURT: Q - And despite this physical appearance which this Court observed you are telling us that this accused was able to do what he did to you according to you? A - Yes sir, because he was strong by then.
In a rape committed by a father against his own daughter, the former’s moral ascendancy and influence over the latter substitute for violence and intimidation. That ascendancy or influence necessarily flows from the father’s parental authority, which the Constitution and the laws recognize, support and enhance, as well as from the children’s duty to obey and observe reverence and respect towards their parents. Such reverence and respect are deeply ingrained in the minds of Filipino children and are recognized by law. Abuse of both by a father can subjugate his daughter’s will, thereby forcing her to do whatever he wants.The reliance upon this doctrine is misplaced.
Appellant appears to be a broken man resigned to his fate. In situations like these, the Court must even be more vigilant in protecting the rights of the accused. For while the accused may give up all hope in his trial, the Court, as the last bastion where justice is expected to be dispensed, must remain steadfast in seeing that all men, even those who refuse to help themselves, are given a fair and just judgment.
COURT: The possible penalty here is death. Mr. Witness, you have been saying you forgot[.] [Y]ou forgot [that if] the offense charged against you i[s] proven you can be killed[]? A - I have forgotten that already, Your Honor. Q - You have forgotten the penalty of death? A - I [have] forgotten already. Q - What have you forgotten already? A - That. Q - You are referring to the paper? A - Yes, Your Honor. Q - How about that incident where allegedly you raped your daughter, what can you say about that? A - “Ya na da adto” meaning, “That is no more already.” Q - What do you mean no more already? A - That is a past thing already. Q - Of course it was past happened in the past? [sic] A - I cannot say anything further about that, Your Honor. Q - So even if you are killed you cannot say anything about that? They might kill you there in the Muntinlupa? A - I really don’t have anything more, Your Honor. Q - The Court is telling you that a poisonous substance will be injected to you until you die if you are found guilty. This is simple rape punishable of a reclusion perpetua not death. There is no allegation as to the age of Adela here. PROS. BENEDICTO: 33. COURT: Even [so] whatever her age there is no basis here. There is only [an] allegation here [of] relationship with the accused and the alleged victim daughter but there is another one needed. You Mr. Avelino Relox, may not be sentenced to death; it may be [sic] the sentence to you if you are found guilty [is] reclusion perpetua [which] grossly translated [i]s life imprisonment, what can you say about that[?] [I]t may be not death but life imprisonment, what can you say about that? A - Nothing, Your Honor. COURT: Q - You might die there in Muntinlupa and be buried with nobody [to] see[] you there [or] any of your relatives. A - I don’t have any[thing more] to comment about that. COURT: Q - But this is your chance. This is practically your last chance. A - I really don’t have anything more to say, Your Honor.