GR 119071; (June, 1997) (Digest)
G.R. No. 119071 June 19, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROGELIO ANTIPONA y LEGASPI, accused-appellant.
FACTS
On the night of January 24, 1993, in Valenzuela, Metro Manila, 12-year-old Clariza Antipona was sleeping in a bedroom with her younger siblings. Their father, accused-appellant Rogelio Antipona, was in the living room. Clariza awoke to find her father, naked, removing her shorts and panty. He forced her to lie down, warned her to be silent, kissed her organ, inserted his tongue, and then forcibly inserted his penis, causing her to bleed and feel intense pain. He stopped due to the pain and bleeding and masturbated instead. He threatened her not to tell anyone. The following night, he inserted his finger into her private part. Clariza did not immediately report the rape due to fear of her father and his threats. She disclosed the incident over a year later, on February 23, 1994, to Lucita Nelmida, a friend of her late mother, fearing she would be left alone with appellant. This led to his arrest. A medico-legal examination confirmed old healed hymenal lacerations consistent with sexual intercourse. At trial, appellant claimed the charge was fabricated by Clariza, induced by Nelmida due to a debt dispute, and that Clariza was promiscuous. The Regional Trial Court convicted appellant of rape and sentenced him to reclusion perpetua and indemnity of P20,000.
ISSUE
Whether the trial court erred in convicting accused-appellant of rape despite his claims of fabrication and lack of immediate reporting.
RULING
The Supreme Court affirmed the conviction with modifications. The prosecution proved appellant’s guilt beyond reasonable doubt. The Court found Clariza’s testimony clear, positive, and convincing. Her delay in reporting was justified by her tender age, the moral ascendancy of her father, and his threats. The alleged improper motives for fabrication (objection to appellant’s paramour, punishment for her love life, Nelmida’s debt) were insufficient and incredible for a young girl. The medico-legal findings corroborated her account. The trial court’s assessment of witness credibility is entitled to great respect. The civil indemnity was increased to P50,000.00. Moral damages of P10,000.00 and exemplary damages of P30,000.00 were additionally awarded due to the heinous and incestuous nature of the crime.