GR 190616; (June, 2010) (Digest)
G.R. No. 190616; June 29, 2010
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. PASTOR LLANAS, JR. y BELCHES, Accused-Appellant.
FACTS
Accused-appellant Pastor Llanas, Jr., the father of the victim AAA, was charged with three counts of qualified rape under Article 266-A of the Revised Penal Code. The informations alleged that he raped his daughter in 1998 (when she was 9), 1999 (when she was 10), and on August 4, 2005 (when she was 15). AAA testified that in each instance, her father used the pretext of playing to bring her to an isolated location, threatened to kill her and her mother if she reported, and then forcibly had carnal knowledge with her. The final incident in 2005 prompted AAA to disclose the abuse to her mother, leading to a police report and a medical examination. The medical findings revealed old, healed hymenal lacerations consistent with prior sexual intercourse. The defense consisted of denial and alibi for the 2005 incident, claiming the appellant was working in another barangay during that period.
The Regional Trial Court convicted Llanas of three counts of qualified rape and, applying Republic Act No. 9346 which prohibits the death penalty, sentenced him to reclusion perpetua for each count and ordered him to pay damages. The Court of Appeals affirmed the conviction. The case was elevated to the Supreme Court via automatic review.
ISSUE
Whether the guilt of the accused-appellant for the crime of qualified rape was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court upheld the factual findings of the lower courts, emphasizing that the credibility of the victim’s testimony was paramount. AAA’s categorical, consistent, and straightforward narration of the three rape incidents, despite the passage of time for the first two, was found credible and sufficient to establish the elements of rape through force or intimidation. The Court ruled that her testimony was corroborated by the medical findings of old hymenal lacerations. The defense of alibi and denial was deemed inherently weak and could not prevail over the positive identification by the victim. The Court further held that the qualifying circumstance of the victim being under eighteen and the offender being her parent was duly proven, making the crime qualified rape. However, with the effectivity of R.A. 9346, the proper penalty is reclusion perpetua without eligibility for parole. The awards of civil indemnity, moral damages, and exemplary damages for each count of qualified rape were affirmed.