GR 106385 88; (May, 1995) (Digest)
G.R. Nos. 106385-88. May 29, 1995.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEJANDRO MANDAP, accused-appellant.
FACTS
The accused-appellant, Alejandro Mandap, was charged with four counts of rape committed against his eighteen-year-old daughter, Marian Mandap, in January, February, and July of 1991. Marian, already a mother of one child, became pregnant as a result of the rapes and gave birth to a daughter, Minerva, whose father was also her own grandfather. Marian detailed the incidents, occurring in their home in Bacolor, Pampanga, where her father would isolate her, use force and threats with weapons, and sexually assault her. Her profound fear, stemming from his violent history as a soldier who had beaten his children, prevented her from immediately reporting the crimes. Her younger brother, Marvin, witnessed the July 1991 rape and was similarly threatened with death if he disclosed it. The defense presented an alibi, claiming the accused was in Tarlac during the alleged dates.
ISSUE
The core issue is whether the guilt of the accused-appellant for the crime of rape was proven beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The Court found the testimonies of Marian and her brother Marvin to be credible, consistent, and convincing. Marian’s detailed account of the successive rapes, her explanation for the delayed reporting due to mortal fear, and her act of marking the dates on a calendar demonstrated sincerity and bolstered her credibility. The witness’s fear of the accused, established by evidence of his violent character, satisfactorily explained her initial silence. The defense of alibi was rightly rejected by the trial court as weak and unsubstantiated, especially in light of the positive identification by the victim. The crime was aggravated by the relationship of father and daughter. The Court emphasized the abhorrent and monstrous nature of incestuous rape, which violates both the victim’s person and fundamental societal mores, descending to a level lower than beasts. The penalty of reclusion perpetua for each count was upheld, with the civil indemnity modified to P50,000.00 per count.