People vs. Dela Cerna

G.R. No. 136899-904
A father convicted of raping his daughter over years; desistance affidavit deemed unreliable; death penalty reduced due to insufficient proof of victim's minority.
rape conviction reclusion perpetua

Case Digest (G.R. No. 136899-904)

Facts:

People of the Philippines v. Ernesto dela Cerna, G.R. Nos. 136899-904, October 09, 2002, the Supreme Court En Banc, Corona, J., writing for the Court.

The prosecution (the People of the Philippines) charged accused-appellant Ernesto dela Cerna with six counts of rape committed against his daughter AAA on dates alleged as January 15, 1989; December 26, 1993; March 3, 1996; August 25, 1996; February 10, 1997; and March 5, 1997. Six separate complaints were filed on May 16, 1997. Upon arraignment, accused pleaded not guilty and the cases were tried jointly.

At trial AAA, the principal prosecution witness, testified that the sexual abuse began when she was seven and recounted each charged incident in detail, including threats, physical restraint, and warnings not to tell. She disclosed the abuse to friends, was referred to the Department of Social Welfare and Development (DSWD) and was examined on March 21, 1997; Dr. Aster Khusravibabadi found old healed hymenal lacerations and an introitus that admitted two fingers. Accused did not testify. On September 15, 1998 the defense presented an affidavit of desistance dated July 3, 1998 in which AAA stated she no longer wished to pursue the complaints and had forgiven her father, explaining she acted out of concern for her family’s material hardship.

On November 29, 1998 the trial court found accused guilty of six counts of rape and imposed reclusion perpetua for the Third and Sixth complaints and the death penalty for the First, Second, Fourth and Fifth complaints; the trial court ordered the records forwarded to the Supreme Court for automatic review. The prosecution had tried the cases under the pre‑Anti‑Rape Law regime (Article 344, Revised Penal Code) because ...(Pro-only)

Issues:

  • Does the affidavit of desistance executed by AAA create reasonable doubt or extinguish the criminal prosecution?
  • Did the prosecution prove the qualifying circumstance of the victim’s minority beyond reasonable doubt so as to support the imposition of the death penalty under Article 335 as amended by Section 11 of R.A. No. 7659?
  • Are the convictions and the awards of damages appropriate and, if so, what pena...(Pro-only)

Ruling:

  • (Pro-only)

Ratio:

  • (Pro-only)

Doctrine:

  • (Pro-only)
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