Facts:

The case involves Manuel Liban, the accused-appellant, and his daughter, Nerissa Liban, the private complainant. The events took place in Barangay Caricaran, Bacon, Sorsogon, with the first incident of rape occurring on November 6, 1995, and the last on October 15, 1996. Nerissa, along with her two sisters, was left in the care of their father after their mother departed for Manila in search of work. The father, Manuel Liban, exhibited abusive behavior towards his daughters, which escalated to sexual assault. On the night of the first incident, Nerissa was only twelve years old. After being slapped and threatened with a knife, Manuel raped her. This horrific pattern continued, with Nerissa enduring multiple rapes over the course of a year. The final incident involved her being tied up and gagged. Despite the trauma, Nerissa did not disclose the abuse until she confided in a friend during a church service, which led to a medical examination confirming her non-virgin state and ...

Facts:

Background and Family Situation

• Nerissa Liban, the private complainant, accused her father, Manuel Liban, of repeatedly raping her.
• Nerissa and her two sisters, Leonarda and Hilda, were left in the custody of their father after their mother moved to Manila and later disappeared.
• Manuel Liban subjected his daughters to physical abuse and sexual violence.

First Rape Incident (November 6, 1995)

• Nerissa was 12 years old at the time.
• Manuel arrived home drunk, demanded food, and slapped Nerissa when she set the table.
• He forced himself on her, removed her panty, and raped her at knifepoint.
• Nerissa cried in pain but could not resist due to fear.
• The next morning, she left the house and stayed with her aunt for a week before her father fetched her.

Subsequent Rapes

• Manuel continued to rape Nerissa on multiple occasions over a one-year period.
• The last rape occurred on October 15, 1996, when Nerissa was tied and gagged.
• Her sister Leonarda untied her after the assault, revealing that she too had been a victim of their father’s abuse.
• Nerissa and her sisters eventually escaped and sought refuge with their maternal aunts.

Medical Examination and Complaint

• Nerissa confided in a friend, who advised her to seek medical attention.
• A medical certificate confirmed her non-virgin state and the presence of vaginal lacerations.
• In December 1996, Nerissa filed a complaint against her father, leading to two counts of rape being charged.

Defense of the Accused

• Manuel Liban denied the allegations, claiming he was at home with his youngest daughter during the alleged incidents.
• He suggested that Nerissa was influenced by her maternal relatives, with whom he had a strained relationship.

Issue:

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Ruling:

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Ratio:

1. Proof of Rape

   • Nerissa’s testimony was credible, consistent, and supported by medical evidence.
   • No motive was shown for Nerissa to falsely accuse her father.

2. Qualifying Circumstance of Minority

   • The death penalty for rape requires proof of the victim’s minority (under 18 years old) and the offender’s relationship to the victim.
   • The prosecution failed to present independent evidence, such as a birth certificate, to conclusively prove Nerissa’s age at the time of the rape.
   • The Court emphasized that the minority of the victim must be proven with the same certainty as the crime itself to justify the death penalty.

3. Penalty Reduction

   • Due to the lack of sufficient proof of Nerissa’s minority, the Court reduced the penalty to reclusion perpetua, in line with jurisprudence requiring strict compliance with procedural and evidentiary rules in capital cases.

4. Civil Liability

   • The Court sustained the awards for civil indemnity and moral damages, recognizing the trauma suffered by the victim.
   • Exemplary damages were increased to deter similar acts of sexual abuse by fathers against their daughters.