G.R. No. 108172 -73 May 25, 1994
People of the Philippines, plaintiff-appellee, vs. Conrado Lucas y Briones, accused-appellant.

FACTS

Chanda Lucas y Austria, then seventeen years old, charged her natural father, Jose Conrado Lucas, with attempted rape committed on February 12, 1991. In her sworn statement, she revealed she was first raped by him when she was nine years old on November 26, 1982, and that it was repeated many times. On February 19, 1991, assisted by her mother, she filed two separate sworn criminal complaints for rape (Criminal Case No. Q-91-18465, regarding the November 26, 1982 incident) and attempted rape (Criminal Case No. Q-91-18466, regarding the February 12, 1991 incident) with the Regional Trial Court of Quezon City. The cases were jointly tried. The prosecution presented Chanda, her sister Cynthia, and Dr. Emmanuel Aranas. The defense presented only the accused. Chanda testified that on November 26, 1983, her father raped her, threatening to kill her, and that he repeatedly molested her thereafter. The last incident on February 12, 1991, involved sexual assault while he held a balisong. Cynthia testified she witnessed the 1983 rape. Dr. Aranas testified that Chanda had healed lacerations and was no longer a virgin. The accused denied the charges, alleging they were fabricated by his wife’s relatives. The trial court found the accused guilty beyond reasonable doubt of two crimes of rape and sentenced him to reclusion perpetua in each case, plus damages. The accused appealed.

ISSUE

1. Whether the trial court erred in giving credence to the testimonies of the prosecution witnesses and disregarding the defense evidence.
2. Whether the trial court erred in convicting the accused of rape in Criminal Case No. Q-91-18466 (the attempted rape case) as the offense proved was more serious than that charged.
3. Whether the trial court erred in convicting the accused of rape in Criminal Case No. Q-91-18465 as his guilt was not proved beyond reasonable doubt.

RULING

1. The trial court did not err in crediting the prosecution witnesses. The testimony of a rape victim, especially a minor, is credible when given in a straightforward manner. The delay in reporting the initial rape is not unusual given the accused’s paternal authority and threats. The sister’s testimony, though she did not physically intervene out of fear, is consistent with human behavior in such traumatic circumstances. The imputed motive of the mother is insufficient to overturn the positive testimonies.
2. The trial court erred in convicting the accused of consummated rape in Criminal Case No. Q-91-18466. The complaint specifically alleged attempted rape, and the evidence for that incident did not conclusively prove penetration. Therefore, the accused can only be convicted of the offense charged, which is attempted rape.
3. The trial court did not err in convicting the accused of rape in Criminal Case No. Q-91-18465. Chanda’s positive and credible testimony, corroborated by her sister’s eyewitness account and the medical findings of healed lacerations, established his guilt beyond reasonable doubt.
The Supreme Court MODIFIED the trial court’s decision. In Criminal Case No. Q-91-18465, the conviction for rape was AFFIRMED, but the penalty was reduced to reclusion perpetua (as the death penalty was not in effect at the time of the crime) and the civil indemnity was increased to P50,000.00. In Criminal Case No. Q-91-18466, the accused was found guilty only of ATTEMPTED RAPE and sentenced to an indeterminate penalty of 4 years, 2 months, and 1 day of prision correccional maximum as minimum to 10 years and 1 day of prision mayor maximum as maximum, with civil indemnity of P30,000.00. Costs against the accused-appellant.