G.R. No. 124297 February 21, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO SAYAO, JR. y DE LEON, accused-appellant.

FACTS

The accused-appellant, Antonio Sayao, Jr., was charged with the rape of his daughter, Jenny Sayao, allegedly committed multiple times from 1987 until February 1994 in Sta. Rosa, Laguna. Jenny testified that the sexual abuse began when she was eight years old, with the first incident of rape occurring on June 15, 1987. She recounted that her father would use force and intimidation, threatening to kill her if she revealed the acts. She estimated being raped around thirty times, with the last incident occurring in February 1994 when she was sixteen. Her mother, Teresa, initially disbelieved her but later corroborated Jenny’s account, noting the accused’s unusual interest in Jenny. A medico-genital examination revealed healed hymenal lacerations consistent with multiple vaginal penetration.
The accused-appellant denied the allegations, claiming Jenny fabricated the story because he punished her for coming home late. He also asserted that Teresa was merely his live-in partner, though he admitted paternity. The Regional Trial Court convicted him of rape and imposed the death penalty, citing the qualifying circumstance of relationship where the victim is a daughter under eighteen years of age.

ISSUE

Whether the trial court erred in convicting the accused-appellant of qualified rape and imposing the death penalty.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found Jenny’s testimony to be credible, straightforward, and consistent, which is sufficient to sustain a conviction for rape. Her detailed account of the repeated abuse, coupled with her fear of her father, explained the delay in reporting. The medical findings of healed hymenal lacerations, while not conclusive of recent rape, corroborated her claim of prior sexual intercourse.
However, the Court held that the qualifying circumstance of minority and relationship was not sufficiently proven. While the accused admitted paternity, Jenny’s minority was not established by competent evidence. Her birth certificate was not presented in evidence, and her bare testimony regarding her age was insufficient. Consequently, the crime committed was simple rape, not qualified rape punishable by death. The accused-appellant was found guilty of thirty counts of simple rape, corresponding to the number of instances testified to by the victim. The penalty for each count is reclusion perpetua, to be applied following Article 70 of the Revised Penal Code on successive service of sentences. The award of civil indemnity, moral damages, and exemplary damages for each count was sustained.