G.R. No. 112978 -81 February 19, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ABUNDIO T. MENDI @ JUN, accused-appellant.

FACTS

Appellant Abundio Mendi was convicted by the Regional Trial Court for illegal possession of a firearm under P.D. No. 1866 and for three counts of rape against his 15-year-old daughter, Phebi Mendi. The rapes occurred repeatedly from September 1991 onwards at their family home in Pangasinan. The appellant, armed with a gun and on one occasion a bolo, threatened to kill Phebi to secure her submission. The victim’s mother, Placida, was working abroad during the initial assaults and only learned of the rapes in July 1992 after confronting Phebi, who had remained silent due to her father’s death threats.
The firearm charge stemmed from a search on December 29, 1992, prompted by Placida’s report to the police, during which appellant surrendered the parts of a dismantled .38 caliber “paltik” revolver. The criminal complaints for rape were subsequently filed. The trial court sentenced appellant to imprisonment for illegal possession and to three penalties of reclusion perpetua for the rapes, also awarding moral damages.

ISSUE

The primary issues on appeal were: (1) the sufficiency of evidence to convict appellant of illegal possession of firearm, and (2) the credibility of the rape victim’s testimony and the propriety of the penalties and damages awarded for the rape convictions.

RULING

The Supreme Court acquitted appellant of illegal possession of firearm due to insufficiency of evidence, noting the prosecution failed to prove the firearm was functional or that appellant lacked the requisite license. However, the Court affirmed the rape convictions with modification. The victim’s detailed and consistent testimony, corroborated by her mother’s account and medical findings, was found credible and sufficient to establish guilt beyond reasonable doubt. The Court emphasized that a victim’s initial silence or delay in reporting, especially when threats are involved, does not undermine credibility but is understandable.
The relationship of father and daughter was properly appreciated as an aggravating circumstance. For each count of rape, which was committed with the use of a deadly weapon, the penalty imposed was reclusion perpetua, the death penalty being suspended at the time. The Court modified the awards, granting civil indemnity of P50,000, moral damages of P50,000, and exemplary damages of P20,000 for each count, following prevailing jurisprudence. The decision of the trial court was thus affirmed with these modifications regarding the firearm charge and the damages.