Case Digest (G.R. No. 108604-10)
Case Digest (G.R. No. 108604-10)
Facts:
People of the Philippines v. Federico A. Burce, G.R. Nos. 108604-10, March 07, 1997, Supreme Court Second Division, Romero, J., writing for the Court. The accused-appellant is Federico A. Burce; the victim and private complainant is his daughter CCC; CCC’s mother is AAA and maternal grandmother is DDD.Appellant and AAA married in 1975 and had children including BBB and CCC (born August 10, 1976). AAA worked abroad (Saudi Arabia) beginning 1987 and periodically returned on vacation, leaving the children in appellant’s care. Beginning November 10, 1990 and continuing through February 10, 1991, CCC testified that her father forcibly raped her on seven separate dates at their home; she marked each assault on a calendar and later transposed the dates into a diary/prayer book. CCC described repeated midnight intrusions by appellant, his intoxication, threats to kill her if she reported the assaults, physical violence during resistance, and bleeding after the first incident. Medical examination on September 2, 1991 disclosed healed hymenal lacerations; laboratory examination was negative for sperm.
After disclosure to her grandmother and then her mother upon AAA’s return in July 1991, affidavits were executed before the municipal judge and a preliminary investigation followed. A warrant of arrest issued; appellant was arrested September 3, 1991. The Provincial Prosecutor, after further inquiry, filed seven separate informations (Criminal Case Nos. 7136–7142), each alleging rape with aggravating circumstance of relationship/abuse of confidence. At arraignment appellant initially pleaded not guilty but, following a trial interruption in which he briefly pleaded guilty to three counts and then withdrew those pleas, trial proceeded.
The prosecution presented CCC, AAA, BBB, DDD and medical evidence; the defense offered alibi and testimony attempting to show appellant’s absence on certain dates and the presence of other witnesses in the house. On December 27, 1991, the Regional Trial Court found appellant guilty of rape in all seven cases and sentenced him to "imprisonment for life" for each count. Appellant appealed to the Supreme Court, contesting the sufficiency of evidence for six of the seven convictions and asserting that the trial court based its verdict on the weakness of his defense rather than the strength of the prosecution’s case.
Issues:
- Was the prosecution’s evidence sufficient to convict Federico A. Burce beyond reasonable doubt for the seven separate counts of rape alleged (Criminal Cases Nos. 7136–7142)?
- Did the trial court err in imposing the penalty of "imprisonment for life" instead of the proper statutory penalty?
- Were indemnity, moral and exemplary damages properly awarded and in what amounts?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)