GR 207765; (July, 2017) (Digest)

G.R. No. 207765 July 26, 2017
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. JULITO DIVINAGRACIA, SR., Accused-Appellant

FACTS

Accused-appellant Julito Divinagracia, Sr. was charged with one count of rape against his 8-year-old daughter AAA and one count of acts of lasciviousness against his 9-year-old daughter BBB, both in relation to Republic Act No. 7610. The incidents occurred in November 1996 when the children’s mother was away. BBB testified that her father embraced her, touched her breasts, and poked his penis against her buttocks. When he moved away, he then lay beside AAA, inserted his finger into her vagina, and subsequently had carnal knowledge of her. AAA cried for help, and BBB could only weep. The following day, AAA saw blood stains on her shorts.
The crimes were reported over two years later when the children’s aunt, a nun, intervened. AAA initially disclosed the molestation to her mother on the day after the incident, but was not believed. It was only in January 1999, when the aunt visited and the children expressed fear of their father, that AAA fully revealed the rape. The aunt brought the children to Manila and later to Pampanga, where AAA was medically examined. The medical certificate indicated an old, healed hymenal laceration. Complaints were subsequently filed.

ISSUE

The core issue is whether the guilt of the accused-appellant for the crimes of rape and acts of lasciviousness was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. The Court found the testimonies of AAA and BBB to be credible, consistent, and corroborated by the medical findings. The delay in reporting the crimes was sufficiently explained by the victims’ young age, continued dependence on and fear of their father, and the initial disbelief from their mother. The Court emphasized that in incestuous rape cases, a victim’s testimony, if credible, is sufficient to sustain a conviction. The relationship of ascendancy and moral authority the father held over his young daughters constituted the force and intimidation necessary for the crimes.
The Court modified the penalties and awards. For the rape under RA 7610, the penalty was reclusion perpetua. For the acts of lasciviousness under RA 7610, an indeterminate penalty was imposed. The Court awarded civil indemnity, moral damages, and exemplary damages for each count, with interest on all damages awarded at the legal rate of six percent per annum from the finality of judgment until fully paid. The awards were justified by the heinous nature of the crimes and the aggravating circumstance of relationship.