G.R. No. 190348 February 9, 2015
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. NILO COLENTAVA, Accused-Appellant.

FACTS

Accused-appellant Nilo Colentava was charged with three counts of qualified rape against his daughter, “AAA,” a minor aged 16, occurring in June, July, and August 2003 in Bayawan City. The prosecution’s evidence established that “AAA” was living with her grandmother, “BBB,” when her father returned in 2002. In June 2003, “AAA” was instructed to go to her father’s house in Sitio Baco. There, appellant, drunk and armed with a .357 magnum pistol, ordered her to open the door, followed her to her room, and raped her, threatening to kill her if she told anyone. Similar incidents occurred on July 29, 2003, and August 21, 2003, each time with appellant using his pistol to intimidate and threaten “AAA.” After the third incident, “AAA” reported the rapes to her grandmother and later to the Department of Social Welfare and Development. A medical examination revealed healed lacerations consistent with previous sexual intercourse. The defense denied the accusations, claiming appellant was in Manila until May 2003 and that “AAA” was angry because he had chastised her for her behavior. The defense also presented testimonies from “AAA’s” brother and grandmother suggesting she did not live with appellant and had a boyfriend. The Regional Trial Court found appellant guilty of three counts of qualified rape and sentenced him to reclusion perpetua for each count, with corresponding damages. The Court of Appeals affirmed the conviction with modification, increasing the moral damages.

ISSUE

Whether the trial court erred in convicting the accused-appellant of three counts of rape despite the fact that his guilt was not proven beyond reasonable doubt; whether the private complainant’s actuations after the incidents negate the possibility of rape; and whether the prosecution utterly failed to prove the element of intimidation.

RULING

The Supreme Court denied the appeal and affirmed the decision of the Court of Appeals with modification. The Court held that the prosecution proved appellant’s guilt beyond reasonable doubt. The element of intimidation was present as appellant used a .357 magnum pistol to threaten “AAA” during each rape incident. The Court found “AAA’s” testimony credible, straightforward, and consistent, and noted that the medical findings corroborated her account. The Court rejected appellant’s arguments regarding “AAA’s” conduct after the incidents, stating that delay in reporting is not uncommon for rape victims, especially when the perpetrator is a parent and threats are involved. The Court also dismissed the defense’s claim of ill motive, finding it insufficient to overturn the conviction. The penalty of reclusion perpetua without eligibility for parole for each count of qualified rape was affirmed. The awards of civil indemnity, moral damages, and exemplary damages were also affirmed, with the addition of interest at the legal rate of 6% per annum from the date of finality of the resolution until fully paid.