Title
Supreme Court
People vs. Burce
Case
G.R. No. 108604-10
Decision Date
Mar 7, 1997
Father convicted of seven counts of raping his daughter, upheld by Supreme Court; sentenced to reclusion perpetua per count, with damages awarded to the victim.

Case Digest (G.R. No. 108604-10)
Expanded Legal Reasoning Model

Facts:

# Background of the Case

Appellant Federico A. Burce married AAA in 1975 when AAA was pregnant with their first child, BBB. Their daughter, CCC, was born on August 10, 1976. In 1987, AAA began working as a nurse in Saudi Arabia, leaving her children in the care of her husband, who worked as a goldsmith at home. AAA would return yearly for vacations, usually in May or June.

# The Initial Incident

On November 10, 1990, CCC, a 15-year-old high school student, returned home after attending a friend’s birthday celebration. Her father, Burce, arrived home drunk around 11:30 PM. He accused CCC of flirting ("nagtataray") and banged her head against the wall. Later, he entered her room, locked the door, and threatened to kill her if she reported him. He then forcibly undressed and raped her. CCC resisted but was overpowered. She bled and experienced physical pain afterward.

# Subsequent Rapes

Burce raped CCC six more times: on November 25, 1990; December 3, 1990; December 15, 1990; January 4, 1991; January 28, 1991; and February 10, 1991. CCC marked each date with an "X" on her calendar and later transferred these dates to her diary/prayer book, intending to tell her mother when she returned.

# Disclosure and Investigation

On July 30, 1991, AAA returned to the Philippines. Shortly after, CCC confided in her grandmother, DDD, who advised her to tell her mother. On August 23, 1991, CCC revealed the rapes to her mother during a church visit. AAA was devastated and sought legal advice. CCC underwent a medical examination on September 2, 1991, which confirmed healed hymenal lacerations. AAA, CCC, BBB, and DDD executed affidavits, leading to Burce’s arrest.

# Trial Proceedings

Burce initially pleaded guilty to three charges but later withdrew his plea, prompting a full trial. The prosecution presented witnesses, including CCC, who detailed the rapes. Burce denied most charges, claiming alibi for some incidents. The defense attempted to discredit CCC’s testimony, arguing she exaggerated due to her mother’s hostility toward Burce.

Issues:

  • Whether the trial court erred in convicting Burce of seven counts of rape based on CCC’s testimony.
  • Whether the prosecution proved Burce’s guilt beyond reasonable doubt.
  • Whether the penalty imposed by the trial court was proper.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court affirmed Burce’s conviction for seven counts of rape, imposing reclusion perpetua for each count and ordering him to pay significant damages to the victim. The case highlights the abhorrent nature of incestuous rape and the legal protections afforded to victims in such cases.
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