G.R. No. 134529 February 26, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERNANDO SABALAN Y VILLAMOR, accused-appellant.

FACTS

Accused-appellant Fernando Sabalan was charged with the rape of his daughter, Analiza Sabalan, then 12 years old, on or about November 8, 1996, in Gumaca, Quezon. Analiza testified that her father raped her on multiple occasions inside their home. She specifically recalled an incident in November 1996 when, while she was sleeping with her younger siblings, her father laid beside her, removed her shorts, and had carnal knowledge of her. He boxed her when she tried to shout. She remained silent until February 1997 when her father attempted to take her back from a relative’s home in Libmanan, prompting her to reveal the assaults. Medical examination confirmed healed vaginal lacerations consistent with sexual intercourse.
The defense presented only accused-appellant, who denied the allegations, claiming he was a good father and husband and was always with his wife. The trial court found him guilty of incestuous rape and imposed the death penalty. The case is on automatic review, with the appellant challenging the credibility of the victim and the sufficiency of the evidence for conviction.

ISSUE

Whether the trial court erred in convicting accused-appellant of qualified rape based on the credibility of the victim’s testimony and the sufficiency of the evidence.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s assessment of the victim’s credibility, which is generally accorded great weight. Analiza’s testimony was straightforward, candid, and consistent. Her initial silence, out of fear of her father’s threats, is understandable and does not undermine her credibility. The medical findings corroborated her account of sexual abuse.
However, the Court reduced the penalty from death to reclusion perpetua. While the Information alleged the qualifying circumstances of minority (victim under 18) and relationship (father), the prosecution failed to sufficiently prove the victim’s age. Aside from her own declaration, no independent evidence like a birth certificate or her mother’s testimony was presented. The minority of the victim must be proved with the same certainty as the crime itself. Consequently, the crime is simple rape, punishable by reclusion perpetua. The Court affirmed the award of P50,000 civil indemnity and added P50,000 moral damages.