Case Digest (G.R. No. 148056-61)
Facts:
This case involves Jose de Castro, the appellant, who was found guilty of rape by the Regional Trial Court of Pallocan, Batangas City in Crim. Cases Nos. 10242 to 10247, with a decision rendered on October 8, 2003. He was accused of committing heinous acts against his own daughters: Gemma (17 years old), Jean (15 years old), and Jenny (also 15 years old). The incidents occurred between June 3, 1998, and March 24, 1999. Gemma testified that on June 3, 1998, her father forcefully brought her to their bedroom, undressed her, and raped her while threatening to kill her mother and a sister if she told anyone. Subsequent rapes of Gemma by Jose occurred two days later. Jean also recounted an assault on April 18, 1999, and another on June 7, 1999, while Jenny described her own experiences on June 5, 1998, and March 24, 1999, including the revelation that she became pregnant as a result of her father's abuse. Testimonies were supported by medical examinations indicating healed lacerationCase Digest (G.R. No. 148056-61)
Facts:
- Background of the Accused and Family Context
- Appellant Jose de Castro, a resident of Barangay Pallocan, Batangas City, earned his living selling newspapers near the BLTB terminal.
- His wife, Genoveva de Castro, worked as a laundrywoman, and they had five children: three daughters (Gemma, and twin sisters Jean and Jenny) and two sons (Luis and Jose).
- Nature and Timeline of the Alleged Offenses
- Gemma de Castro (17 years old) testified that on 3 June 1998 at around 10:00 a.m. while cleaning the house, her father suddenly grabbed her hand and forced her into the bedroom, where he undressed her and himself.
- He peppered her body with kisses, forcibly inserted his penis into her vagina, and prevented her from calling for help by covering her mouth.
- After the assault, he threatened her by saying he would kill her mother and a sister if she told anyone.
- Two days later, a similar assault was committed while she was alone with him in the house.
- Gemma eventually revealed the incident to her cousin, Ate Fely, on 10 June 1999 after mustering the courage to overcome her fear.
- Jean de Castro (15 years old) gave testimony regarding her experiences:
- On 18 April 1999, while in their house’s bedroom, her father removed her clothes and, after undressing himself, forced himself upon her by kissing various parts of her body and inserting his penis into her vagina.
- On 7 June 1999, when left alone with her father, she experienced a repetition of the sexual assault.
- Following this second incident, she reported the matter to her aunt Felisa and subsequently to the barangay captain.
- She expressed that such actions warranted the death penalty for her father.
- Jenny de Castro (15 years old, twin of Jean) recounted her own allegations:
- On 5 June 1998, while she was alone with her father in the house, he removed her clothes and assaulted her by inserting his penis into her vagina.
- On 24 March 1999 in the sala of their house, a second incident occurred during which she affirmed that she pushed her father in an attempt to resist the assault.
- Jenny later confirmed that she was impregnated by her father, giving birth to a baby girl on 3 November 1999.
- Medical and Forensic Evidence
- Dr. Janet B. Esguerra of the Batangas Regional Hospital conducted medico-legal examinations on all three complainants on 10 June 1999.
- Findings included:
- Gemma: Minimal pubic hair, gaping labia majora, complete healed laceration at the 5:00 o’clock position, and slight difficulty in admitting two fingers in the vagina.
- Jean: Minimal pubic hair, gaping labia majora, complete healed laceration at the 9:00 o’clock position, and an incomplete laceration at the 6:00 o’clock position.
- Jenny: Minimal pubic hair, gaping labia majora, and complete healed lacerations at the 5, 6, and 7 o’clock positions; additionally, her uterus was found to be enlarged to the size of a 20-week pregnancy.
- Defense and Appellant’s Arguments
- Jose de Castro interposed a defense of denial and alibi:
- He claimed to have been at his brother-in-law’s house on 3 June 1998 during the alleged first incident, and selling newspapers at the BLTB terminal on other dates, including during the alleged assaults on Gemma, Jenny, and Jean.
- He denied having assaulted Gemma on the subsequent day and questioned the credibility of her account regarding her failure to escape.
- Appellant's criticisms of the complainants’ testimonies:
- Argued that inconsistencies and supposed “incredible” circumstances – such as the presence of an open window and ample opportunity to escape – should negate the credibility of the victims’ accounts.
- Questioned the claim that he remained on top of his daughter for a prolonged period, noting the improbability of a minor victim’s accurate recollection under duress.
- Asserted that, even if there was any opportunity to escape, the victims failed to take advantage of it, thus casting doubt on their allegations.
- Trial Court’s Findings and Evidence Consideration
- The trial court gave full credence to the testimonies of the three minor complainants, noting their consistency and the corresponding healed lacerations on their hymens as corroborative evidence.
- Special emphasis was placed on:
- The repeated nature of the assaults as demonstrated by the victims’ detailed accounts.
- The physical evidence, including the birth of a baby girl resulting from one of the assaults.
- The psychological impact and moral ascendancy inherent in a father/daughter relationship which renders the victims powerless to resist.
- Consequently, the trial court found appellant guilty of qualified rape in five out of the six cases (Crim. Cases No. 10242, 10243, 10244, 10245, and 10247) and sentenced him to death in each.
- In Crim. Case No. 10246, due to the insufficient evidence and lack of detailed testimony regarding the specific assault, the appellant was acquitted.
Issues:
- Credibility and Consistency of Victims’ Testimonies
- Whether the alleged inconsistencies in the testimonies of Gemma, Jean, and Jenny de Castro undermine their credibility.
- Whether their failure or inability to escape the assaults, given the opportunities present (e.g., open window, door), constitutes evidence against their alleged victimization.
- Proof Beyond Reasonable Doubt
- Whether the prosecution established all elements of qualified rape beyond a reasonable doubt in each of the cases, particularly in Crim. Case No. 10246.
- Whether the medical evidence, such as healed hymenal lacerations and physical findings, sufficiently corroborated the victims’ testimonies.
- Impact of the Father’s Moral Dominance and Psychological Influence
- Whether the inherent moral ascendancy and psychological influence a father wields over his minor daughters could vitiate the expected behavior (i.e., resistance or escape) during the assaults.
- Whether this paternal influence should be taken into account in assessing the reliability and veracity of the victims’ accounts.
- The Admissibility and Weight of the Evidence
- Whether the evidence presented, including the medico-legal reports and witness testimonies, is competent and sufficient to sustain the conviction.
- Whether the concluding remarks of the trial court on the “plain” nature of a victim’s statement (e.g., Jenny’s declaration) hold as adequate evidence under current legal principles.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)