Decision
11
G.R. No. 235662
Appellant was only charged with a single count of rape in each of the
twin cases below. This is because both AAA and BBB could no longer recall
the dates and the details of the so many rape incidents they experienced in the
hands of their own father. AAA could only vividly recall the rape incident on
March 14, 2009, and BBB, only the rape incident which happened sometime
in 2009.
Even then, the testimonies of AAA and BBB pertaining to the twin rape
incidents are clear, categorical, and consistently convincing. They are credible
witnesses. These two (2) minor girls would not have publicly accused their
father of the despicable act of incestuous rape if it were not true. On this score,
People v. Marmot3° enunciated:
More importantly, it is highly inconceivable for a daughter like
AAA to impute against her own father a crime as serious and despicable as
incest rape, unless the imputation was the plain truth. In fact, it takes a
certain amount of psychological depravity for a young woman to concoct a
story that would put her own father to jail for the rest of his remaining life
and drag the rest of the family including herself to a lifetime of shame.
Filipino children have great respect and reverence for their elders. For this
reason, great weight is given to an accusation a child directs against a close
relative, especially the father. A rape victim's testimony against her father
goes .against the grain of Filipino culture as it yields unspeakable trauma
and social stigma on the child and the entire family.
The absence of medical certificates indicating the extent of the injury
sustained by AAA and BBB as a result of their father's wicked bestiality does
not diminish their worth as witnesses. A medical certificate is merely
corroborative and not indispensable to the prosecution of rape cases. 31 Where
the testimony of a rape victim is credible, natural, convincing and otherwise
consistent with human nature, it is sufficient to support a verdict of
conviction. 32
Appellant's defense of denial is the weakest of all defenses. It easily
crumbles in the face of complainant's positive identification of the accused as
the perpetrator of the crime. 33
All told, the Court of Appeals correctly convicted appellant of two (2)
counts of qualified rape. Under Article 266-B of the Revised Penal Code, the
imposable penalty is death where the victim is below eighteen ( 18) years of
age and the violator is the victim's own biological father, thus:
Article 266-B. Penalty. - xx x
XXX
30
800 Phil. 813,827 (2016).
People v. Tuboro, 792 Phil. 580, 592 (2016).
32 See People v. Pascual, 428 Phil. 1038, 1046 (2002).
33 People v. Glino, 564 Phil. 396, 419-420 (2007).
31
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