G.R. No. L-8024 - De la Cruz vs. Legaspi

The case involves the alleged commission of incestuous rape by Rustico Rivera y Palacio against his daughter, Alphamia A. Rivera, who was 10 years old at the time.
The Information in Criminal Case No. 778-M-95 charged that on or about May 16, 1995, in Calumpit, Bulacan, the accused, by means of force, intimidation, and with lewd design, carried out sexual acts against his daughter.
The offense included a series of sexual abuses: the father reportedly awakened his daughter, touched her back, removed her short pants and panty, massaged her breast, and licked her vagina before forcefully initiating a slight penile penetration.

The primary testimony was provided by Alphamia Rivera, who described in detail the acts committed by her father, including the removal of her undergarments, physical touching of her body, and the painfully forced penetration.
Alphamia testified that similar improper behavior had occurred prior to the incident, indicating a history of abuse.
Nina Joy Rivera, the 9-year-old sister of Alphamia, corroborated her sister’s account by testifying that she had witnessed parts of the act even though she pretended to be asleep.
The victim’s testimony was marked by consistency and candor, even under rigorous cross-examination, further strengthened by the vivid description of the events.

Dr. Fe Mesina, the Medical Health Officer, conducted a physical examination on May 17, 1995, and observed:

Congested and tender fourchette, labial areas, and notably, specific old and healed lacerations at the 3 o’clock and 5 o’clock positions in the victim’s hymen.
Signs of a recent attempt by the father to penetrate the victim, evidenced by tenderness and swelling in the area surrounding the hymen.

A second examination, performed by Dr. Dominick L. Aguda of the NBI on January 21, 1997, yielded compatible findings suggesting sexual intercourse on or about the alleged date.

Dr. Aguda noted healed lacerated wounds on the hymen corresponding to the dimensions capable of being inflicted by a male genital organ.
His conclusions reinforced the compatibility of the physical evidence with the act of sexual intercourse.

The accused, represented by counsel de oficio at arraignment on August 9, 1995, pleaded not guilty.
During the trial, the defense argued:

The allegations were concocted by his mother-in-law and wife, motivated by personal animus arising from ongoing familial conflict.
Rustico Rivera claimed that on May 16, 1995, he was engaged in other activities in a different part of the house while his daughters were in a separate area.
A second medico-legal examination, conducted on behalf of the accused, was introduced to challenge the prosecution’s evidence, yet its findings ultimately corroborated the occurrence of sexual abuse.

The cumulative evidence, particularly the consistent and emotive testimonies of the minor victim and her sister, was found to be overwhelming and not outweighed by the defense’s claims of a frame-up.

Whether the constitutional presumption of innocence was sufficiently overcome by the State’s evidence.

The central question was if the combined testimonies and physical evidence could support a conviction beyond reasonable doubt.
The credibility and consistency of the minor victim’s and her sister’s testimonies were critically evaluated.

Whether the trial court erred in convicting the accused-appellant of qualified rape.

The defense argued that the trial court should have given greater weight to the defense evidence.
The court had to determine the admissibility and reliability of both sets of evidence.

Whether the imposition of the death penalty was appropriate under the circumstances.

Considering that the victim was a minor and that the offender was her father, the questions arose as to the proper penalty as prescribed by the amended provisions of Article 335 of the Revised Penal Code and Republic Act No. 7659.
The issue also encompassed whether the qualifying circumstances warranted the highest penalty.

The court had to assess whether the witness testimonies, particularly those of the minor and her sister, could be fabricated given the nature and severity of the allegations.
The reliability of the physical evidence corroborating the testimonies was also critically examined.