GR 172962; (July, 2010) (Digest)
G.R. No. 172962 ; July 8, 2010
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ROMEO REPUBLO, Accused-Appellant.
FACTS
Three Informations were filed against accused-appellant Romeo Republo for two counts of rape and one count of attempted rape against his niece, AAA, who was 12 years old in September 1997. The prosecution alleged that AAA was left in the care of Republo and his wife when her mother, BBB, worked abroad. The first rape occurred one morning when Republo, alone with AAA in the house, forced himself on her. Two days later, he attempted to rape her in the afternoon, but she escaped when his daughter was present. Around two days after that, he again raped her at night, threatening to kill her family if she reported him. The incidents were revealed to BBB in July 1998, leading to a medical examination which confirmed AAA’s non-virgin state and healed hymenal lacerations.
The defense presented Republo as its lone witness. He denied the accusations, claiming the charges were fabricated by BBB to retaliate for two incidents: first, after he admonished and kicked AAA for being with a boyfriend, and second, after a drunken quarrel where he destroyed BBB’s belongings and uttered insults. He asserted AAA only lived with them starting November 1997, not during the alleged September incidents.
ISSUE
The core issue is whether the prosecution proved beyond reasonable doubt the guilt of accused-appellant for two counts of rape and one count of attempted rape.
RULING
The Supreme Court affirmed the conviction. The Court upheld the credibility of AAA’s testimony, which was straightforward, candid, and consistent. It found no ill motive for AAA, a minor, to falsely accuse her uncle and endure the ordeal of a public trial. The medical findings, though indicating healed lacerations, corroborated her claim of prior sexual abuse. The Court rejected the defense of frame-up, noting that the alleged motives—a reprimand and a quarrel—were insufficient to explain why a young girl would concoct a story of repeated rape. The delay in reporting was satisfactorily explained by AAA’s fear due to Republo’s death threats.
The trial court’s award of civil indemnity and moral damages for the consummated rapes was affirmed. However, the Court modified the decision to include civil liability for the attempted rape, ordering Republo to pay ₱30,000.00 as civil indemnity and ₱25,000.00 as moral damages for that count. The appeal was dismissed, and the appellate court’s decision was affirmed with this modification.