Facts:

The case revolves around Alberto Garcia y Boton, hereafter referred to as the accused-appellant, who was charged with the crime of rape against his own daughter, AAA, a minor at the time of the incident. The events transpired on December 10, 1992, in a location within the Philippines where the accused-appellant resided with his family. On that particular day, Alberto returned home from work, reportedly intoxicated. AAA, then just 13 years old, was alone at home resting in her room.

The accused-appellant confronted AAA, forcibly undressed her, and proceeded to commit acts of sexual violence, including fondling and rape. AAA bravely resisted, crying out for her father to stop and even attempting to defend herself. However, the accused-appellant overpowered her, inflicting physical harm by striking her and ultimately raping her, then threatening her life and the lives of her family members if she disclosed the incident.

The assault was reported by AAA to her mother, BBB, shortly a

...

Facts:

Background of the Case

• The accused-appellant, Alberto Garcia y Boton, was charged with rape, having committed the act against his daughter, designated as AAA.
• The crime was alleged to have occurred on or about December 11, 1992, although discrepancies later indicated that parts of the incident may have taken place on December 10 or December 12, 1992.
• The complaint was anchored on the element of force and intimidation as the accused used his position of authority as a father to commit the offense.

Factual Narrative of the Incident

• On December 10, 1992, the accused returned home drunk from work, and only his 13-year-old daughter, AAA, was present at home.
• AAA was resting in her room when the accused assaulted her:

- He laid on top of her, held her hands, and fondled her private parts. - Despite her resistance, including screaming and punching him, he countered by striking her on the right jaw, causing her to lose consciousness. - He proceeded to undress her, kiss her, and continue the abusive acts, ultimately inserting his penis into her vagina.

Pre-Trial and Trial Court Proceedings

• Upon arraignment on February 2, 1993, the accused pleaded not guilty and the case was tried.
• The prosecution rested its case on November 15, 1993; however, the defense was granted additional time to file a demurrer to evidence.
• The defense failed to submit its demurrer within the prescribed periods, effectively waiving the right to present contrary evidence.
• A motion for reconsideration by the accused concerning judicial irregularities was raised and dismissed by the new presiding judge, Honorable DDD.

Testimonies and Evidentiary Record

• Testimony of Complainant (AAA):

- Provided a detailed and emotionally charged narration of the events, describing the physical and emotional impact of the assault. - Noted specific details such as instances of pain, physical injuries (including a punch that led to loss of consciousness), and the sequence of abusive acts. - Confirmed that her daughter had reported the abuse but presented slight discrepancies concerning the timeline. - Testified about AAA’s account of the incident, including the father's undressing of her and the subsequent abuse. - The medico-legal report prepared by Dr. VillaseAor recorded shallow but significant lacerations on the victim’s hymen, supporting the physical evidence of the assault. - Luzviminda Garcia testified to establish familial relationships and corroborate the circumstances surrounding the case. - The defense’s failure to effectively impeach the testimonies contributed to the trial court’s reliance on the victim’s account.

Issue:

Credibility of the Complainant’s Testimony

• Whether the testimony of AAA, despite perceived inconsistencies regarding the date and timeline of the incident, could be deemed credible enough to support a conviction.
• The weight to be given to AAA’s emotional and detailed account of the rape, considering the inherent difficulties in proving such charges.

Impact of Discrepancies in Testimonies

• The materiality of differences between AAA’s testimony and that of her mother (BBB) concerning the exact timing of the incident.
• Whether these inconsistencies affected the establishment of the essential elements of the crime of rape.

Procedural and Evidentiary Issues

• The implications of the defense’s failure to file a demurrer to evidence and its resulting waiver of the right to present its own evidence.
• The effect of the delay and subsequent motions raised by the accused, including claims about judicial irregularities, on the trial proceedings and decision.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)