GR 176152; (November, 2008) (Digest)
G.R. No. 176152, November 25, 2008
People of the Philippines, appellee vs. Nido Garte, appellant.
FACTS
Nido Garte was charged with four counts of rape against his 17-year-old daughter, AAA. The incidents allegedly occurred on August 8, 2000, the first week of April 2001, the second week of April 2001, and May 23, 2001, in Quezon City. AAA testified that her father, a barangay tanod and tricycle driver, raped her inside their guardhouse residence. She recounted specific acts of force, intimidation, and the use of a knife. After the May 23 incident, she reported the rapes to her mother, BBB, and they filed a complaint. A medical examination confirmed AAA was in a non-virgin state. Appellant denied the charges, invoked alibi, and claimed a harmonious family relationship except with his stepdaughter CCC, who allegedly harbored ill feelings. The Regional Trial Court convicted appellant of four counts of rape and initially imposed the death penalty. The Court of Appeals affirmed the conviction but modified the penalty to reclusion perpetua due to the passage of Republic Act No. 9346, which prohibits the death penalty.
ISSUE
Whether the Court of Appeals erred in affirming appellant’s conviction for four counts of rape despite alleged inconsistencies in the prosecution’s evidence.
RULING
The Supreme Court denied the appeal and affirmed the decision of the Court of Appeals. The Court held that the alleged inconsistencies in AAA’s sworn statements (Salaysay) regarding the number of rapes and the discrepancies between her testimony and her mother’s were minor and did not affect her credibility. The Court emphasized that ex parte affidavits are often incomplete and inaccurate. AAA’s straightforward, categorical, and spontaneous testimony, delivered while continuously crying on the witness stand, was deemed credible. The Court also ruled that in rape committed by a father against his daughter, the father’s moral ascendancy and authority substitute for violence or intimidation. The medical finding of non-virginity, while not conclusive, served as corroborative evidence. Appellant’s denial and alibi could not prevail over AAA’s positive identification. The penalty was properly modified to reclusion perpetua for each count of rape, and appellant was ordered to pay civil indemnity and moral damages.