G.R. No. 122980 -81 November 6, 1997
People of the Philippines, plaintiff-appellee, vs. Jenelito Escober y Resuento, accused-appellant.

FACTS

Jenelito Escober y Resuento was charged by his eleven-year-old daughter, Ma. Cristina Escober, with two counts of statutory rape. The incidents allegedly occurred on December 19 and 22, 1993. On both nights, the accused arrived home drunk. On the first occasion, he ordered Cristina to transfer to his bed, removed her panty, kissed her, and forcibly inserted his penis into her vagina, causing her pain. He warned her not to tell anyone. On the second occasion, he again forced himself on her, with similar acts and results. Cristina did not immediately report the incidents due to fear and her father’s moral ascendancy. The defense presented several arguments: (1) Cristina visited the accused in jail and wrote him a letter exculpating him; (2) she did not tell her mother about the letter; (3) a witness testified about frequent quarrels between the accused’s wife, Lourdes, and the accused’s family, suggesting a motive to fabricate the charges; (4) Cristina’s brother, Jenelito Jr., denied the rapes, claiming they were out caroling and that the sleeping arrangements made it impossible, and he testified that their mother had a live-in partner; (5) the accused presented an alibi, claiming he was repairing a television set at Claro Estrera’s house on both nights, which Claro corroborated. The defense theorized that the complaint was filed because Lourdes wanted to separate from the accused.

ISSUE

Whether the accused-appellant, Jenelito Escober y Resuento, is guilty beyond reasonable doubt of two counts of statutory rape.

RULING

Yes. The Supreme Court affirmed the trial court’s judgment convicting the accused-appellant of two counts of statutory rape and sentencing him to reclusion perpetua for each count. The Court modified the decision by ordering the accused to indemnify the offended party, Ma. Cristina Escober, in the amount of P100,000.00. The Court held that the testimony of the young victim was credible and that no woman, especially of tender age, would concoct a story of defloration and undergo the ordeal of a public trial unless motivated by a desire to seek justice. The defense of alibi was weak and could not prevail over the positive identification by the victim, his own daughter. The Court noted that the moral ascendancy of a father over his daughter can substitute for violence or intimidation. The fact that the hymen was intact did not negate rape, as the slightest penetration is sufficient. The delay in reporting the crime was understandable given the victim’s age, the trauma, and the accused’s moral ascendancy. The reasons proffered by the defense for fabricating the charges were deemed flimsy and insufficient to drive a child and her mother to falsely accuse the father.