G.R. No. 146468 - People vs. Abellano

In September 1998, Roque Abellano was charged with the rape of his minor daughter, Analyn Abellano, who was 14 years old at the time.
The incident occurred at nighttime in Sitio Inangmaharang, Barangay Nagotgot, Municipality of Manito, Province of Albay, Philippines.
The charge arose from allegations that Abellano, with lewd and unchaste design, used force, threat, and intimidation to have carnal knowledge of his daughter against her will.

Analyn, while sleeping beside her two younger sisters, was awakened and felt someone removing her shorts.
In the light of a kerosene lamp, she identified her assailant as her father.
Despite struggling by boxing, elbowing, and kicking, she was overpowered by his strength and threats of death.
Abellano not only fondled her breast and kissed her but also forced his erect penis into her vagina.
This abusive pattern reportedly occurred almost every night throughout the month.
Due to the repeated threats, she delayed reporting the incident until October or November 1998, confiding in her older sister.

Dra. Lily Melrose P. Camara, the medico-legal officer, conducted a physical examination on Analyn.
The examination revealed that the external vagina orifice offered no resistance, consistent with the absence of virginity.

Certification from the Municipal Registrar verified Analyn’s birth date as August 19, 1984, confirming her age of 14 at the time of the incident.
Exhibits also established the relationship between Abellano and Analyn.

Abellano, a 55-year-old widower and farmer with minimal formal education, testified in his own defense.
He denied the allegations of rape, asserting that he was kind and loving to his daughter.
He offered no explanation for the rape charge and did not refute the specifics of her testimony regarding the incident.
His sole defense rested on a bare denial, claiming that the evidence was insufficient to corroborate the victim’s account.

The trial court convicted Roque Abellano of rape and imposed the death penalty.
Additionally, the court ordered him to indemnify his minor daughter with P75,000.00, award her P50,000.00 for moral damages, and pay P20,000.00 as exemplary damages (later modified to P25,000.00).
The decision was based on the totality of the evidence, including the victim’s consistent account and the medico-legal report.

Abellano argued that the court erred in convicting him despite the alleged failure of the prosecution to prove his guilt beyond a reasonable doubt.
Specific contentions included:

Contradictions in the testimony regarding the distance of Analyn from her siblings during the assault.
The delay in reporting the incident, which was argued to undermine the credibility of the victim’s testimony.
A contention that the victim should have provided more concrete evidence of being bodily violated and confirmed reporting out of “righteous indignation.”

Whether the trial court erred in convicting Roque Abellano on the charge of rape despite arguments relating to inconsistencies in the victim’s testimony.

This issue includes the significance, if any, of the victim’s conflicting accounts regarding her proximity to her sisters during the incident.
It also questions whether the delay in reporting the incident should have been a basis to doubt her credibility.

Whether the prosecution successfully established all necessary elements of the crime of rape beyond reasonable doubt.

This involves addressing whether the evidence demonstrated that the act was committed with the requisite force, threat, and intimidation.
It also examines if the testimony and medical findings sufficiently confirmed the violation of Analyn’s bodily integrity.

Whether the application and interpretation of the law regarding rape under Articles 266-A and 266-B of the Revised Penal Code, as amended, were correctly implemented.

This includes the consideration of aggravating circumstances, particularly the relationship between the accused and the minor victim, which warrant the imposition of the death penalty.