Facts:

The case involves Manuel Liban, who was accused of raping his own minor daughter, Nerissa Liban. Nerissa and her two sisters were left under the custody of their father when their mother went to Manila to work. Manuel would physically abuse his daughters and sexually assault Nerissa in the absence of their mother. The first rape incident occurred on November 6, 1995, when Nerissa was 10 years old. Manuel raped her on several occasions within a one-year period. The last rape took place on October 15, 1996, where Nerissa was tied and gagged by her father. Nerissa eventually confided in a friend about the abuse and sought medical help, which confirmed her non-virgin state and vaginal lacerations.

Issue:

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Ruling:

The court upheld the decision of the trial court, convicting Manuel Liban of the crime of rape. However, the penalty of death was reduced to reclusion perpetua due to the insuffici...(Unlock)

Ratio:

Under Republic Act (RA) 7659, rape of a minor by her own father is punishable by death. However, to appreciate the qualifying circumstance of minority of the victim in incestuous rape cases, it must not only be specifically alleged in the information but must also be established beyond reasonable doubt during trial. In this case, aside from the victim's testimony that she was 10 years old at the time of the first rape, there was no other evidence presented to ascertain the correct age of the victim. The court emphasized that the severity and irreversible nature of the death penalty require the mos...continue reading