G.R. No. 117666 February 23, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VIRGILIO M. VILLALUNA, accused-appellant.

FACTS

Accused-appellant Virgilio M. Villaluna was charged with the rape of his daughter, Beverly A. Villaluna, then fourteen years old, sometime in May 1990 in Antipolo, Rizal. The prosecution evidence established that Virgilio, an overseas worker in Saudi Arabia, returned for a vacation on March 26, 1990. On the evening of his arrival, he beat Beverly with a stick, sent her younger brother out of their shared bedroom, undressed her, and had sexual intercourse with her against her will. He then confined her to the room for four days. Thereafter, he raped her almost daily. The last incident occurred in early May 1990, before his departure, where he again beat and raped her multiple times in one day. In December 1990, Beverly revealed her pregnancy to an aunt. She eventually disclosed to her school teachers that her father was “using her” during his vacations. She gave birth to a child on May 10, 1991. On September 9, 1991, she executed a sworn statement before the NBI detailing the rapes by her father and her brother Elmer (who also raped her), leading to the filing of the complaint. The defense presented an alibi, claiming Beverly was not at the house upon his arrival and that he never raped her. He alleged the complaint was fabricated by his estranged wife, Perlita, to force him to withdraw an adultery case he had filed against her and to extract financial concessions.

ISSUE

The central issue is whether the prosecution proved beyond reasonable doubt that accused-appellant Virgilio M. Villaluna committed the crime of rape against his daughter, Beverly Villaluna.

RULING

The Supreme Court AFFIRMED the conviction with MODIFICATION. The Court found the appeal without merit. It held that Beverly’s testimony was credible, straightforward, and consistent even under rigorous cross-examination. The Court rejected the defense of alibi and fabrication, noting that no daughter, especially one of tender age, would concoct a story of rape by her own father and subject herself to public scrutiny and humiliation unless it was true. The delay in reporting the crime was sufficiently explained by Beverly’s fear of her father, her young age, and the moral ascendancy and intimidation he held over her. The Court ruled that the force and intimidation employed by the accused, a parent, was evident from the beatings and his moral ascendancy, which substituted for the degree of force required in rape. The trial court’s assessment of witness credibility was accorded great respect. The penalty of reclusion perpetua was affirmed. The Court increased the civil indemnity from P50,000.00 to P75,000.00 in line with prevailing jurisprudence and awarded an additional P50,000.00 as moral damages. Costs were imposed on the accused-appellant.