G.R. Nos. 128884-85; December 3, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. OSCAR TADEO @ OSCAR, accused-appellant.

FACTS

Accused-appellant Oscar Tadeo, the live-in partner of Pacita Magalim, was charged with two counts of rape against Pacita’s 13-year-old daughter, Joy. The first incident occurred on February 25, 1990, when Tadeo entered Joy’s room armed with a bolo, threatened to kill her, undressed her, and had carnal knowledge against her will. The second rape happened on February 28, 1990, under similar circumstances, with Tadeo now wielding a foot-long knife. He repeatedly threatened to kill Joy and her entire family if she reported the assaults, compelling her silence.
The crimes were discovered months later, in October 1990, after Joy was raped by three other men. A subsequent medico-legal examination revealed old hymenal lacerations. Upon questioning by her mother about these old injuries, Joy finally disclosed the two prior rapes committed by Tadeo. At trial, the accused denied the charges, claiming the complaint was fabricated because Pacita was angry at him for selling her carabao.

ISSUE

Whether the prosecution proved the guilt of the accused-appellant for two counts of rape beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of Joy’s testimony as credible, straightforward, and convincing. The testimony of a child witness, if credible, is sufficient to support a conviction. Her account was corroborated by the medical finding of old hymenal lacerations, which, while not indispensable, lent credence to her claim of prior sexual assault. The Court rejected the defense of fabrication, noting that a mother would not subject her daughter to the ordeal of a rape trial without just cause. The delay in reporting was satisfactorily explained by the accused’s continuing threats against Joy and her family’s lives, which instilled reasonable fear. The presence of a deadly weapon (bolo and knife) during the commissions of the crime was established. Applying Article 335 of the Revised Penal Code, as the crimes were committed in 1990 during the suspension of the death penalty, the proper penalty is reclusion perpetua for each count. The Court modified the damages, awarding P50,000.00 as civil indemnity and P50,000.00 as moral damages for each count of rape, but deleted the exemplary damages due to the absence of aggravating circumstances.