G.R. No. 183087 - People vs. Isang y Lagay

The accused, Ignacio Isang y Lagay, was charged with two counts of rape committed against his daughter, AAA, under Criminal Case Nos. 99-CR-3628 and 99-CR-3629.
In Criminal Case No. 99-CR-3628, the offense was alleged to have occurred in June 1996 at Barangay Gumatdang, Itogon, Benguet, involving an unspecified occurrence of rape under aggravated circumstances (nighttime).
In Criminal Case No. 99-CR-3629, the allegation centered on an incident on 5 September 1999 in Barangay Ampucao, Itogon, whereby Isang was accused of forcible carnal knowledge of his 13-year-old daughter by means of force, threat, and intimidation.

AAA, the private complainant and daughter of the accused, consistently testified to having been sexually abused by her father from 1994 until 1999.
The detailed account for the incident on 5 September 1999 was presented in court, wherein AAA described:

Being called by her father while she was out washing clothes.
Entering the house to find herself alone with her father after her siblings were sent away.
Being forced to lie down, having her pants and panties forcibly removed, and subsequently having her father insert his penis into her vagina.
Experiencing physical resistance and struggling, but being overpowered, with the assault ending upon the appearance of "something sticky and white" on her legs.
Receiving the command from her father to keep the incident a secret.

Dr. Vladimir Villaseñor, the medico-legal officer, conducted a physical examination on 16 September 1999 and found evidence of healed lacerations on AAA’s hymen, indicating a non-virgin state.
Dr. Ruby M. Bell, a psychologist, confirmed through psychological tests that AAA suffered emotional disturbances attributable to repeated abuse and recommended counseling.

The prosecution also presented corroborative evidence including the victim’s and her mother’s (BBB) testimonies, and documentary evidence such as AAA’s birth certificate which substantiated the relationship between the perpetrator and the victim.
The accused’s legal counsel initially appeared but later formally withdrew, and subsequently, Isang escaped from detention, prompting the trial to proceed in his absence.

The Regional Trial Court (RTC) conducted the trial in absentia after Isang’s escape, relying entirely on the prosecution’s evidence.
The RTC rendered a bifurcated decision on 24 September 2004:

Acquitting Isang in Criminal Case No. 99-CR-3628 due to insufficiency of evidence.
Convicting him beyond reasonable doubt for the crime of rape under Criminal Case No. 99-CR-3629, and imposing the death penalty based on Article 266-B of the Revised Penal Code, as the crime was qualified by the special circumstance of the victim’s minority and the familial relation.

The case was elevated to the Court of Appeals via automatic appeal and intermediate review pursuant to People v. Mateo.
On 30 May 2007, the Court of Appeals affirmed with modification:

The conviction for the qualified rape in Criminal Case No. 99-CR-3629.
The modification of the penalty from death to reclusion perpetua in accordance with Republic Act No. 9346, which prohibits the imposition of the death penalty.
An increase in the award of moral damages from ₱50,000.00 to ₱75,000.00.
Maintenance of civil indemnity and exemplary damages at ₱75,000.00 and ₱25,000.00 respectively.

AAA’s testimony was characterized as clear, straightforward, and consistent, notably during cross-examination, despite the alleged memory lapses regarding specific details such as the duration of the assault.
The accused’s escape from detention was highlighted as an indication of guilt.
The presence of physical evidence from the medical examination, the victim’s consistent narrative, and the fact that the defense did not present any contrary evidence due to the accused’s flight substantiate the prosecution’s case.

Whether the testimony of AAA was clear, credible, and sufficiently detailed to establish the rape beyond reasonable doubt, particularly regarding the sequence of events on 5 September 1999.
Whether the alleged inconsistencies in AAA’s account — particularly the confusion over the insertion details — undermine the credibility of her testimony.

Whether Isang’s escape from detention constitutes an indication of his guilt and adversely affects his defense.

Whether the trial court and appellate court correctly applied the penalty provisions under Article 266-B of the Revised Penal Code, considering the special circumstances of minority and familial relationship.
Whether the retroactive application of Republic Act No. 9346 in modifying the sentence (changing the death penalty to reclusion perpetua) is proper and in accordance with legal doctrines.

Whether the awards of civil indemnity, moral damages, and exemplary damages are appropriate and correctly computed given the aggravating circumstances accompanying the crime of rape.