G.R. No. 223513 , July 5, 2017
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. ALEX AMAR y MONTANO, Accused-Appellant

FACTS

The accused-appellant, Alex Amar y Montano, was charged with the rape of his 16-year-old daughter, AAA. The information alleged that on April 13, 2009, in Caloocan City, he had carnal knowledge of AAA through force, threats, and intimidation. During trial, AAA testified that she was sleeping when her father, the accused, entered her room, held her breast, undressed her, and had sexual intercourse with her. She revealed this was not an isolated incident, as the molestation had started when she was in Grade 6 and occurred repeatedly. The incident was reported to her aunt and subsequently to her mother, leading to a barangay complaint and a medical examination which confirmed recent hymenal laceration.
The accused-appellant denied the accusation, presenting an alibi that he was asleep at the time of the alleged incident and was at work the following morning. He claimed his arrest was a surprise and that he was mauled by police. The Regional Trial Court found him guilty beyond reasonable doubt of rape, sentencing him to reclusion perpetua and ordering him to pay damages. The Court of Appeals affirmed the conviction with a modification to the damages awarded.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of the accused-appellant for the crime of rape.

RULING

The Supreme Court denied the appeal and affirmed the conviction. The Court held that all elements of rape under Article 266-A of the Revised Penal Code were proven beyond reasonable doubt: the accused is a man; he had carnal knowledge of AAA; and it was accomplished through force or intimidation. The Court emphasized that in rape committed by a parent, moral influence or ascendancy substitutes for the requirement of physical force or intimidation. The father’s moral authority over his child constitutes sufficient intimidation, vitiating consent.
The Court found AAA’s testimony to be credible, consistent, and corroborated by medical evidence. The delay in reporting the incident, given the perpetrator was her father and she feared him, was deemed understandable and does not undermine her credibility. The defenses of denial and alibi were rejected as inherently weak and uncorroborated by clear evidence. The awards of civil indemnity, moral damages, and exemplary damages were increased to PHP 100,000.00 each, in accordance with prevailing jurisprudence, with legal interest imposed until full payment.