G.R. No. L-71462, June 30, 1987
People of the Philippines, plaintiff-appellee, vs. Alberto Cruz, Sr., accused-appellant.

FACTS

The accused-appellant, Alberto Cruz, Sr., was convicted by the Regional Trial Court of General Santos City for six counts of rape against his 16-year-old daughter, Rosemi Cruz, and sentenced to reclusion perpetua. The information alleged that the rapes occurred in July, September, and October 1983 within their home in Lagao, General Santos City. The prosecution evidence, primarily from Rosemi’s testimony, detailed that the appellant, often arriving drunk at midnight, would enter the mosquito net she shared with her younger siblings, use force and threats to kill her and her siblings if she reported the incidents, and then have carnal knowledge of her. She testified to offering resistance but being overpowered through slapping, boxing, and intimidation. The last incident in October 1983 allowed her to escape and report the crimes to her aunt, leading to a medical examination and the filing of a complaint.
The defense interposed denial and alibi. The appellant claimed he could not have committed the acts as he was working on a fishing boat and was only home on weekends. He suggested the complaint was fabricated due to a family quarrel. The trial court found the complainant’s testimony credible and convicted the appellant.

ISSUE

The core issue on appeal is whether the guilt of the accused-appellant for the crime of rape was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. The Court meticulously addressed the appellant’s arguments challenging the credibility of the complainant’s testimony. It held that the testimony of a rape victim, especially when consistent and straightforward, is credible. The Court found no ill motive for Rosemi to falsely accuse her own father of a grave crime that would bring stigma to herself and her family. The delay in reporting the rapes was sufficiently explained by her well-grounded fear for her life and the lives of her siblings, given the appellant’s direct threats. The Court cited precedent that one cannot expect a young girl in such a dependent and terrifying situation to immediately act.
Furthermore, the Court ruled that the absence of physical injuries noted in the medical certificate did not negate the commission of rape. It emphasized that actual force need not leave visible marks, and more importantly, the overpowering moral influence and intimidation exerted by a father over his daughter are sufficient to constitute force and intimidation in rape. The testimony of the younger sister, Mary Jane, who witnessed the appellant on top of Rosemi, corroborated the victim’s account. The appellant’s defense of alibi was deemed weak and unsubstantiated. The penalty of reclusion perpetua was affirmed, with the modification that the appellant must indemnify the victim in the sum of P30,000.00.