G.R. No. 183087, December 4, 2008
People of the Philippines, plaintiff-appellee, vs. Ignacio Isang y Lagay, respondent.

FACTS

Accused-appellant Ignacio Isang y Lagay was charged with two counts of rape against his daughter, AAA. In Criminal Case No. 99-CR-3629, the information alleged that on or about September 5, 1999, in Barangay Ampucao, Itogon, Benguet, Isang, by means of force, threat, and intimidation, had carnal knowledge of AAA, who was under eighteen years of age and his daughter. Isang pleaded not guilty. During trial, after the prosecution presented its evidence, Isang escaped from detention and remained at large, leading to trial in absentia. The Regional Trial Court (RTC) acquitted Isang in Criminal Case No. 99-CR-3628 for insufficiency of evidence but convicted him of qualified rape in Criminal Case No. 99-CR-3629, imposing the death penalty. The Court of Appeals affirmed the conviction but modified the penalty to reclusion perpetua without eligibility for parole, pursuant to Republic Act No. 9346, and increased the moral damages. The case was elevated to the Supreme Court for review.
The prosecution evidence established that on September 5, 1999, AAA, then thirteen years old, was alone with Isang in their house. Isang forced her to lie down in the sala, removed her pants and panty, and forcibly inserted his penis into her vagina. AAA struggled but was overpowered. Isang stopped when a sticky, white substance appeared on her legs and warned her not to tell anyone. The incident was later revealed to AAA’s mother, BBB, leading to a report to authorities. A medico-legal examination confirmed AAA was in a non-virgin state with healed hymenal lacerations. A psychologist testified that AAA suffered emotional disturbances consistent with being a rape victim. The defense presented no evidence due to Isang’s escape.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of Ignacio Isang for qualified rape in Criminal Case No. 99-CR-3629.

RULING

The Supreme Court affirmed the Decision of the Court of Appeals in toto. The Court held that AAA’s testimony regarding the rape on September 5, 1999, was clear, straightforward, and consistent, detailing how Isang used force and intimidation. The medical findings corroborated her account. The Court rejected Isang’s argument, based on a misreading of the transcript, that there was no penetration, noting that the cited testimony referred to a different, acquitted charge. For the September 5, 1999 incident, AAA unequivocally testified to penetration. The qualifying circumstances of minority and relationship were duly alleged in the information and proven during trial. The penalty of reclusion perpetua without eligibility for parole was proper under Republic Act No. 9346. The awards of civil indemnity (P75,000), moral damages (P75,000), and exemplary damages (P25,000) were sustained in accordance with prevailing jurisprudence.