GR 146468; (November, 2002) (Digest)
G.R. No. 146468 November 13, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROQUE ABELLANO, accused-appellant.
FACTS
Roque Abellano was charged with the rape of his minor daughter, Analyn Abellano, 14 years of age, committed sometime in September 1998 in Manito, Albay. The prosecution evidence established that one night in September 1998, while Analyn was sleeping beside her two younger sisters, appellant removed her shorts, fondled her, and, despite her resistance of boxing, elbowing, and kicking, forced his erect penis into her vagina, threatening to kill her if she reported the incident. This act was repeated “almost every night” that month. Analyn revealed the rapes to her older sister in October or November 1998. A medico-legal examination confirmed the loss of virginity. The defense consisted solely of appellant’s denial of the charge and his claim of being kind and loving to his daughter. The Regional Trial Court convicted appellant of rape and imposed the death penalty.
ISSUE
Whether the trial court gravely erred in convicting accused-appellant of rape despite the prosecution’s alleged failure to prove his guilt beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The Court held that: (1) the alleged contradiction in Analyn’s testimony regarding the distance of her sisters from her during the rape was trivial and did not affect her credibility; (2) the one or two-month delay in reporting the rapes was justified due to appellant’s threats to kill her, which instilled understandable fear in the 14-year-old victim; (3) in rape committed by a father, moral ascendancy substitutes for violence or intimidation, and in this case, appellant used both strength and threats to overcome Analyn’s resistance, which was corroborated by the medico-legal findings; (4) appellant’s bare denial cannot prevail over the positive and categorical testimony of the victim-daughter; and (5) all elements of rape under Article 266-A and the qualifying circumstance under Article 266-B of the Revised Penal Code (victim under 18 and offender is a parent) were proven. The penalty of death was affirmed. The Court modified the damages by increasing the exemplary damages from P20,000.00 to P25,000.00.