GR 142728; (January, 2002) (Digest)
G.R. No. 142728 ; January 23, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOROTEO ABAÑO, accused-appellant.
FACTS
The prosecution’s evidence established that on the night of August 15, 1996, in Taytay, Palawan, appellant Doroteo Abaño raped his six-year-old daughter, Judelyn. Judelyn testified she was awakened when her father, who was naked, undressed her, mounted her, and forced himself on her. She cried out in pain for her neighbor, Annabelle Fuentes, who rushed to the house. Appellant dismissed it as a nightmare. The following day, Fuentes observed Judelyn walking with difficulty; the child eventually confided the rape. Medical examination by Dr. Nestor Reyes revealed old, healed hymenal lacerations. The defense presented only appellant’s denial, claiming Judelyn had a nightmare while they slept, with him in between his two children.
ISSUE
Whether the trial court erred in finding appellant guilty beyond reasonable doubt of the crime of rape.
RULING
The Supreme Court affirmed the conviction. The Court meticulously applied the guiding principles in rape cases, particularly the need for the complainant’s testimony to be credible, natural, convincing, and consistent. It found Judelyn’s testimony, delivered in a straightforward and spontaneous manner, to be credible and worthy of full faith. The Court held that the testimony of a child-victim of tender years is accorded greater weight, especially when the details of the sexual assault could not have been contrived. The medical findings of healed lacerations, while not conclusive of recent penetration, corroborated her account of prior abuse. Appellant’s defense of denial could not prevail over the positive and categorical testimony of the victim. The qualifying circumstances of minority and relationship were duly proven, warranting the imposition of the death penalty under Republic Act No. 7659 . The Court modified the award of civil indemnity to P75,000.00 in line with prevailing jurisprudence for cases where the death penalty is imposed, while affirming the P50,000.00 moral damages.