GR 130525; (September, 1999) (Digest)
G.R. No. 130525 September 3, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ERNESTO SACAPAÑO, accused-appellant.
FACTS
Accused-appellant Ernesto Sacapaño was charged with eleven counts of qualified rape against his fifteen-year-old daughter, Mylene Sacapaño. The rapes occurred in Boracay between 25 August 1994 and 26 September 1994. Mylene, who had been separated from her father since infancy, was taken by him for a vacation. The first rape occurred on 25 August 1994, where Ernesto, after poking an icepick at her side, forcibly had sexual intercourse with her. From 16 to 25 September 1994, he raped her twice daily, at around 7:00 p.m. and 3:00 a.m., using threats with a bolo and, on one occasion, tying her hands and gagging her. The rapes continued even during her menstruation. Mylene escaped on 26 September 1994 and reported the incidents to barangay authorities, leading to medical examination and the filing of eleven criminal cases. At arraignment, Ernesto pleaded not guilty. The Regional Trial Court found him guilty of ten counts of rape and sentenced him to death for each count.
ISSUE
Whether the Regional Trial Court correctly convicted accused-appellant Ernesto Sacapaño of the crimes of qualified rape.
RULING
The Supreme Court affirmed the conviction. The Court found the testimony of the victim, Mylene, to be credible, consistent, and candid, detailing the repeated rapes with specific dates and circumstances. The use of an icepick and a bolo to threaten her constituted the necessary force and intimidation for rape. Her failure to immediately report the rapes was justified by fear due to the threats against her life. The medical findings, though indicating an old defloration, were consistent with repeated sexual intercourse. The relationship of father and daughter qualified the rapes under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , warranting the imposition of the death penalty. The Court modified the award of damages, increasing the civil indemnity and awarding moral and exemplary damages. The death penalty was affirmed, with the case records ordered forwarded to the Office of the President for possible exercise of executive clemency.