G.R. No. 169245; February 15, 2008
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NELSON ABON Y NOVIDO, accused-appellant.

FACTS

In the last week of May 1995, in Binalonan, Pangasinan, accused-appellant Nelson Abon entered the room where his 13-year-old daughter, AAA, and his son were sleeping. He moved his son away, embraced AAA, removed her pajama and his own shorts and brief, and went on top of her. AAA called for her grandmother in the next room but was not heard. Accused-appellant silenced and threatened to strangle her. He succeeded in inserting his penis into her vagina and made push and pull movements for about 20 to 30 minutes before leaving. The next morning, AAA reported the incident to her grandmother, who dismissed it. AAA then told Cristeta Bayno, who brought her to her uncle and then to the police. A medical examination showed AAA’s hymen was ruptured with old lacerations. An Information for qualified rape was filed. During trial, accused-appellant pleaded not guilty, interposing denial and alibi, claiming he was working in Binangonan, Rizal from March to August 1995 and only visited Binalonan once in June 1995, not seeing his children. He alleged AAA filed the case because he used to whip her. The Regional Trial Court convicted him of qualified rape and sentenced him to death. The case was automatically reviewed, transferred to the Court of Appeals per People v. Mateo, which affirmed the conviction but modified the damages.

ISSUE

1. Whether the Court of Appeals erred in affirming the trial court’s decision finding accused-appellant guilty beyond reasonable doubt of qualified rape.
2. Whether the Court of Appeals erred in increasing the amount of damages awarded.

RULING

The Supreme Court denied the appeal and affirmed the Court of Appeals’ decision with modifications to the awards of damages. On the first issue, the Court upheld the credibility of AAA’s testimony, noting no inconsistency and no ill-motive shown for her to fabricate an incest rape story. It ruled that the defenses of denial and alibi could not prevail over AAA’s positive identification and credible testimony. The Court also cited the doctrine that in incestuous rape, the victim’s testimony is accorded greater weight. On the second issue, the Court modified the damages, awarding PhP 75,000 as civil indemnity, PhP 75,000 as moral damages, and PhP 30,000 as exemplary damages. The Court also discussed the rules on appeal, referencing People v. Mateo and the amendments to the Rules of Criminal Procedure regarding automatic review by the Court of Appeals in death penalty cases.