GR 128108; (July, 2000) (Digest)
G.R. No. 128108 . July 6, 2000.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERNANDO DIASANTA y VILLANUEVA, accused-appellant.
FACTS
The accused-appellant, Fernando Diasanta, was charged with the rape of his 11-year-old daughter, Andrea Diasanta, on October 28, 1995, in Camarines Norte. The Information alleged he committed sexual intercourse by taking advantage of his parental authority. The prosecution presented the victim, who testified that her father dragged her under a house, threatened to kill her if she shouted, and forcibly had carnal knowledge with her. Her aunt, Meriam Bacla, testified she witnessed the appellant on top of the victim when she peered below the house. Medico-legal findings confirmed recent hymenal lacerations consistent with forced penetration, and the victim’s birth certificate proved she was below twelve. The defense consisted solely of the appellant’s denial, claiming he was elsewhere and was apprehended upon arrival at his sister-in-law’s house.
ISSUE
Whether the guilt of the accused-appellant for the crime of incestuous rape was proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction. The Court emphasized that in rape cases, the testimony of the victim, if credible, is sufficient to sustain a conviction. Here, the victim’s testimony was clear, consistent, and credible. Her young age and the threat from her father, a figure of parental authority, explained her initial submission and failure to shout. Her account was corroborated by the eyewitness testimony of her aunt and the medico-legal certificate confirming forcible defloration. The defense of denial, being inherently weak, cannot prevail over the positive and categorical identification by the victim. The Court found all elements of rape under Article 335 present: carnal knowledge through force or intimidation, with the aggravating circumstances of minority (victim under 12) and relationship (father-daughter). The penalty of death was properly imposed under RA 7659. However, pursuant to prevailing jurisprudence, the award of moral damages was increased to P75,000. The records were ordered forwarded for possible executive clemency.