GR 123540; (March, 1999) (Digest)
G.R. No. 123540 March 30, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DELFIN AYO y ATO, accused-appellant.
FACTS
Delfin Ayo was accused by his common-law wife, Orfa Ayo, of raping their eight-year-old daughter, Sarah Mae Ayo, in May 1994 in Davao City. The family lived in a small hut, and both parents worked, often leaving the children alone. One evening, Orfa returned home to find the door chained; peering through the bamboo walls, she witnessed the accused, naked, on top of their naked and crying daughter. Sarah Mae herself testified in court that her father had sexual intercourse with her multiple times, causing her pain and bleeding. Dr. Danilo Ledesma, who examined the victim, found her hymen intact with a small orifice but did not discount the possibility of contact or partial penetration.
The accused denied the charges, claiming the testimonies were false. He presented neighbors who testified to his good moral character and suggested the complaint arose from Orfa’s alleged infidelity. The trial court convicted Delfin Ayo of rape and sentenced him to death, a decision elevated to the Supreme Court for automatic review.
ISSUE
The core issue is whether the guilt of the accused for the crime of rape was proven beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction and the imposition of the death penalty. The Court upheld the credibility of the victim’s testimony, which was delivered with the simplicity and innocence expected of a child. The testimony was clear, consistent, and convincing in detailing the sexual assaults. The Court ruled that the testimony of a rape victim, especially a minor, is credible when given in a straightforward manner. The medical finding of an intact hymen does not negate rape, as the law recognizes that rape is consummated even by the slightest penetration of the labia. The defense of denial and character testimony cannot prevail over the positive and categorical identification by the victim.
The crime was qualified under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , by the circumstance that the victim is under eighteen years of age and the offender is a parent. This qualifying circumstance mandates the penalty of death. The Court also increased the civil indemnity to P75,000.00 and awarded moral damages of P50,000.00 to the victim, in accordance with prevailing jurisprudence.