GR 133735; (August, 2000) (Digest)
G.R. Nos. 133735-36; August 9, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LORENZO DIAZ, SR., accused-appellant.
FACTS
Accused-appellant Lorenzo Diaz, Sr. was charged with two counts of rape against his daughters. In Criminal Case No. 38,262-97, he was accused of raping his 13-year-old daughter, Lanie Diaz, on September 3, 1996. In Criminal Case No. 38,263-97, he was accused of raping his 16-year-old daughter, Anniely Diaz, on January 29, 1993. The prosecution established that after their mother left due to the appellant’s maltreatment, the daughters were left in his care. Anniely testified that on her 16th birthday, her drunken father entered her room, removed her clothing, and had carnal knowledge of her despite resistance. Lanie testified that on his birthday in 1996, her drunken father entered her room, removed her pants, and succeeded in having intercourse with her. Both victims delayed reporting the incidents due to fear of their father’s threats.
ISSUE
The core issue is whether the prosecution proved the guilt of the accused-appellant for the crimes of rape beyond reasonable doubt.
RULING
The Supreme Court affirmed the convictions but modified the penalties and damages. The Court found the testimonies of the victims credible, natural, and consistent. Delay in reporting the crimes was sufficiently explained by their well-grounded fear of their father, who wielded moral ascendancy and authority over them. The medical findings of old healed hymenal lacerations corroborated their claims of prior sexual abuse. For the rape of Lanie, who was under 18 and the appellant’s daughter, the death penalty was properly imposed under Article 335 of the Revised Penal Code, as amended by R.A. 7659. However, due to the prohibition on the death penalty for rape committed before the effectivity of R.A. 8353 (the Anti-Rape Law of 1997), the penalty for Anniely’s rape, which occurred in 1993, was correctly reclusion perpetua. The Court increased the civil indemnity to P75,000.00 for each victim and awarded P50,000.00 moral damages to each, recognizing the profound psychological trauma inflicted. The decision was subject to automatic review for the imposition of the death penalty.