GR 168174; (April, 2007) (Digest)
G.R. No. 168174 ; April 13, 2007
People of the Philippines, Appellee, vs. Francisco Reyes y Abrematea @ “Utoy,” Appellant.
FACTS
Appellant Francisco Reyes was convicted of qualified rape against his daughter, AAA. The case stemmed from an incident on July 8, 1999, when AAA, then 14 years old, was raped by her father in their home. AAA testified that her father, angered by her delay in responding to his call, assaulted her, forcibly undressed her, and had carnal knowledge while choking her to muffle her cries. The act was interrupted only when AAA’s mother and brother arrived. AAA later confided in her brother, leading to a barangay report and a medico-legal examination.
The Regional Trial Court found Reyes guilty beyond reasonable doubt for the 1999 incident but acquitted him for two other alleged rapes in 1988 and 1995 due to insufficient evidence. The Court of Appeals affirmed the conviction. Reyes appealed to the Supreme Court, arguing that the medical findings, which indicated only a shallow healed laceration, were inconsistent with AAA’s claim of recent rape.
ISSUE
Whether the Court of Appeals erred in affirming Reyes’s conviction for qualified rape despite the alleged inconsistency between the victim’s testimony and the medico-legal report.
RULING
The Supreme Court affirmed the conviction but modified the penalty and damages. The Court held that the medical finding of a shallow healed laceration was not incompatible with the commission of rape. It emphasized that rape is consummated by the slightest penetration of the female organ, and fresh lacerations are not indispensable to prove rape, especially when the victim is of tender age. The credibility of AAA’s testimony, which was categorical, straightforward, and consistent, prevailed over Reyes’s denial, which is inherently weak and self-serving.
The Court sustained the factual findings of the lower courts, noting that the trial court’s assessment of witness credibility is accorded high respect. However, pursuant to Republic Act No. 9346 , the death penalty was reduced to reclusion perpetua without eligibility for parole. The awards of damages were also modified: civil indemnity of P75,000, moral damages of P75,000, and exemplary damages of P25,000 were imposed.