Decision
8
G.R. No. 235662
reactions does not impair the credibility of a rape victim. Additionally, failure
to physically resist the attack does not detract from the established fact that a
reprehensible act was done to a child-woman by her own biological father.
Lastly, failure to shout or offer tenuous resistance does not make voluntary
the victim's submission to the criminal acts of the accused. 24
Indeed, just because AAA or BBB did not offer tenacious resistance
nor even shout whenever their father sexually ravished them did not make
them less credible as witnesses.
Third. It is not true that AAA and BBB took three (3) years before they
reported the sex crimes appellant perpetrated on them. As aptly observed by
the trial court, AAA confided in their mother their sexual ravishment in
appellant's hands but their mother did not believe her. They were young and
helpless victims of their own father's bestiality. He treated them like sex
slaves in never ending horrendous ways. The person they thought would
protect them did not even care to believe them. Where else would they go?
Who else could help them? They were obviously driven into helplessness and
cowed silence.
•
But things did change. Young girls also grow up. So did AAA and
BBB. After going through innumerable counts of sexual violence through all
the three (3) traumatic years of their lives, the grown-up girls can take no
more. AAA left their home and went to her aunt who rescued her. Then she
was vindicated; so was her sister, BBB. On this score, People v. Lantano25
instructs:
To begin with, the prosecution is under no burden to establish
acceptable reasons or satisfactory explanation for the delay in reporting a
rape. Settled is the rule that delay or hesitation in reporting a case of rape
due to threats of the assailant is justified and must not be taken against the
victim. Neither does such delay indicate deceit or a fabricated insinuation
inasmuch as it is common that a rape victim prefers silence because of fear
of her aggressor and the lack of courage to face the public stigma stemming
from the abuse. With particular regard to incestuous rapes, since the
perpetrator in these cases is a parent of the victim, he is able to pervert
whatever moral ascendancy and influence he has over the victim in order to
intimidate the latter. Hence, even in the absence of verbal threats against the
victim's life, the parent molester's moral ascendancy and influence take the
place of intimidation, especially so when they are living under the same
roof.
So must it be.
Appellant is guilty of
two (2) counts of qualified rape in
24
25
See People v. Palanay, 805 Phil. 116, 124 (2017).
566 Phil. 628, 638-639 (2008).
~