G.R. No. 176631 ; February 2, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. AVELINO FELAN, Accused-Appellant.

FACTS

The accused-appellant, Avelino Felan, was charged with qualified rape of his 14-year-old daughter, AAA. The information alleged that on or about February 12, 1995, at around 10:00 p.m., in Ormoc City, the accused, by means of violence and intimidation, had sexual intercourse with his daughter against her will. The prosecution evidence showed that the accused woke AAA from sleep, removed her panty, spread her legs, went on top of her, and inserted his penis into her vagina despite her resistance, causing her pain. AAA reported the incident to a social worker, who brought her to the police and then for a medical examination. The medical examination revealed a torn hymen, which the doctor concluded could be caused by sexual intercourse. The accused denied the accusation, claiming it was fabricated by AAA because he did not provide for her basic needs and admonished her for using illegal drugs. The Regional Trial Court (RTC) convicted him of qualified rape and imposed the death penalty. The Court of Appeals (CA) modified the conviction to simple rape, sentencing him to reclusion perpetua, and awarded civil indemnity, moral damages, and exemplary damages. The accused appealed to the Supreme Court, contending that the lower courts erred in relying on AAA’s testimony, questioning her credibility due to her alleged use of illegal drugs, engagement in prostitution, and poor memory.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of the accused for simple rape based on the credibility of the victim’s testimony.

RULING

The Supreme Court affirmed the conviction. The Court held that the prosecution established the elements of rape under Article 335 of the Revised Penal Code, as amended, beyond reasonable doubt. AAA’s testimony was found to be complete, credible, and consistent with human nature, and it was corroborated by the testimonies of the social worker and the examining physician, as well as documentary evidence. The Court accorded great weight to the trial judge’s assessment of AAA’s credibility, which was affirmed by the CA, noting that the accused failed to show any overlooked or misinterpreted facts crucial to his defense. The accused’s denial, being self-serving and uncorroborated, could not overcome the positive identification and testimony of the victim. The Court found it highly inconceivable for a daughter to falsely accuse her father of such a heinous crime unless it was true. The attempt to discredit AAA based on her alleged use of illegal drugs and engagement in prostitution was rejected, as the victim’s moral character is immaterial in a rape case, and even a prostitute can be a victim of rape. The CA correctly found the accused liable for simple rape and imposed reclusion perpetua because, although the information alleged the victim’s minority, the prosecution failed to duly establish her age with competent documentary evidence. The awards of ₱50,000.00 as civil indemnity, ₱50,000.00 as moral damages, and ₱25,000.00 as exemplary damages were affirmed. The relationship between the accused and the victim, being alleged and proved, constituted an aggravating circumstance justifying exemplary damages under Article 2230 of the Civil Code.