GR 128159; (July, 2003) (Digest)
G.R. Nos. 128159-62; July 14, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. HIPOLITO PASCUA, appellant.
FACTS
The appellant, Hipolito Pascua, was convicted by the Regional Trial Court of four counts of rape against twin sisters Liza and Anna Paragas, both 12-year-old minors. The incidents occurred in Mangatarem, Pangasinan, between August 1995 and January 1996. The prosecution established that Pascua, a neighbor whom the girls considered a grandfather, would call them individually into his house. There, he would force them to lie down, remove their clothing, and have carnal knowledge against their will. He threatened to kill them if they shouted and gave them small amounts of money afterward to buy their silence. The crimes were revealed after the appellant’s granddaughter witnessed one incident. Medical examinations confirmed lacerations consistent with sexual intercourse.
ISSUE
The core issue on appeal was whether the prosecution proved the appellant’s guilt for the crime of rape beyond reasonable doubt, particularly challenging the credibility of the victims and the presence of force or intimidation.
RULING
The Supreme Court affirmed the conviction. The Court emphasized that the testimonies of the young victims were clear, credible, and consistent. At their tender age, they could not have fabricated a story of such depravity. The element of force and intimidation was sufficiently established through the appellant’s threats to kill the victims, which instilled fear and prevented them from resisting or reporting the assaults immediately. The Court rejected the defense of consensual sex or simple seduction. The money given was not an inducement but a means to ensure silence, and the law requires a deceitful promise for seduction, which was absent. The victims’ initial silence, out of fear, did not impair their credibility. The penalty of reclusion perpetua for each count was proper. The Court modified the damages, upholding the awarded moral damages and additionally granting civil indemnity of P50,000 per count to each victim, as such indemnity is mandatory upon proof of the crime.