G.R. No. 125763. October 13, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EMMANUEL PANIQUE, accused-appellant.

FACTS

The complainant, Geraldine Panique, is the eldest child of accused-appellant Emmanuel Panique. After her mother went to work abroad, she and her siblings were left in the care of accused-appellant. They lived in a single-bedroom house where complainant slept on the lower bunk of a double-deck bed with accused-appellant, while her sister slept on the upper bunk. At around midnight on May 22, 1996, while complainant was asleep, accused-appellant laid on top of her, fondled her breasts, and inserted his penis into her vagina. Complainant cried but did not resist because she was afraid of her father, whom she knew was hooked on drugs. She testified that this was not the first instance of rape, as accused-appellant had been sexually abusing her since March 1993 when she was 12 years old. The following day, she confided in friends. On May 25, 1996, she attempted suicide by drug overdose but was taken to her uncle and later to her aunt, who informed her mother. Complainant, her mother, and her aunt gave sworn statements, and a medico-legal examination confirmed she was a non-virgin but found no external signs of violence and no spermatozoa. An information for rape was filed. During trial, accused-appellant admitted that complainant is his daughter and that he had sexual intercourse with her on the night in question but denied using force or intimidation. The Regional Trial Court found him guilty beyond reasonable doubt of rape and sentenced him to death, with civil indemnity and damages.

ISSUE

Whether the prosecution proved beyond reasonable doubt that accused-appellant used force or intimidation in having carnal knowledge of his daughter, Geraldine Panique.

RULING

Yes. The Supreme Court affirmed the conviction. The Court held that the trial court’s evaluation of witness testimony is binding absent a showing of arbitrariness or oversight of substantive facts. The Court applied the standards for evaluating evidence in rape cases, noting that an accusation is easy to make but hard to disprove, the complainant’s testimony must be scrutinized with caution, and the prosecution’s evidence must stand on its own merits. The Court found that intimidation was present. Complainant testified she was afraid of her father, who was hooked on drugs, and this fear constituted intimidation, which substituted for physical force. The Court rejected accused-appellant’s argument that lack of resistance negated force or intimidation, stating it is unnatural for a daughter to willingly have sex with her father. The fact that complainant did not immediately report earlier incidents was understandable given her youth, fear, and lack of someone to confide in. The medico-legal findings of no physical violence or spermatozoa do not disprove rape, as their absence is not fatal to the prosecution’s case. The Court affirmed the penalty of death, as the rape was committed by a parent against a child under eighteen, a qualifying circumstance under the law. The civil indemnity and damages awarded by the trial court were also sustained.