G.R. Nos. 103134-40 November 20, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PHILIP C. TAN, JR., accused-appellant.

FACTS

The accused-appellant, Philip Tan, Jr., was charged with fifteen counts of rape against his 16-year-old stepdaughter, Annabelle Degay. The informations alleged the rapes occurred in July and August 1989 in La Trinidad, Benguet, through force, intimidation, and the use of a knife, or while the victim was unconscious and soundly sleeping. The trial court convicted Tan on seven counts, sentencing him to seven successive terms of reclusion perpetua and ordering indemnification. The court acquitted him on eight counts for lack of evidence. Tan appealed, arguing the trial court erred in crediting the prosecution’s evidence.
The factual basis for the convictions, as affirmed by the Supreme Court, detailed a pattern of abuse. On multiple nights when the victim’s mother was on night shift, Tan would enter the room shared by the victim and her stepsisters. He used physical violence, slapped and boxed the victim, and threatened her with a knife to subdue her resistance. On one occasion, he rendered her unconscious. The victim’s cries for help to her stepsisters were ignored. The relationship was one of stepfather and stepdaughter, and the attacks were facilitated by nighttime.

ISSUE

Whether the trial court erred in convicting the accused-appellant of seven counts of rape based on the testimony of the complainant and finding guilt beyond reasonable doubt.

RULING

The Supreme Court affirmed the convictions. The Court held that the trial court’s assessment of the credibility of witnesses is accorded great weight and respect, as it had the direct opportunity to observe their demeanor. The victim’s testimony was clear, candid, and consistent on material points, detailing the specific acts of force, intimidation, and violence used to accomplish the rapes. Her testimony was found to be credible and sufficient to establish the elements of the crime.
The Court rejected the defense of denial and alibi, which were inherently weak and uncorroborated. The defense’s claim that the charges were fabricated due to a family dispute over property was not substantiated by evidence and could not overcome the positive and credible identification by the victim. The Court also affirmed the presence of the aggravating circumstances of relationship (stepfather-stepdaughter) and nighttime, which were properly alleged in the informations and proven during trial. The penalty of reclusion perpetua for each count was correct, as the rapes were committed with the use of a deadly weapon. The award of indemnity to the victim was sustained.