Title
People vs. Sandico y Gabriel
Case
G.R. No. 128104
Decision Date
May 18, 1999
Father convicted of raping daughter in shared family space; victim's credible testimony, fear, and trauma outweighed lack of physical evidence and delayed reporting.

Case Digest (G.R. No. 128104)

Facts:

  • Overview of the Case
    • The accused, Hernani Sandico y Gabriel, was charged with two counts of rape committed against his daughter, Marivic Sandico, in separate incidents.
    • Two separate criminal cases were docketed in the Regional Trial Court of Malabon:
      • Crim. Case No. 15896-MN – where the accused was found guilty and sentenced to reclusion perpetua, ordered to pay indemnity, and costs.
      • Crim. Case No. 15897-MN – where the accused was acquitted for insufficiency of evidence.
  • Incident on 19 May 1995 (First Alleged Rape)
    • Time and Place
      • Occurred at around midnight when Marivic returned home from work at the Fishwealth Canning Corporation in Fish Port, Navotas.
      • The family resided in a modest one-storey, one-room house on Martiniko St., Dagat-dagatan, Malabon shared by all family members without partition.
    • Events as Alleged by Marivic
      • Upon arriving home, Marivic changed from her work attire into a duster, short pants, and panty while her mother, sister, and nephew were asleep on a crude papag.
      • The accused, who had been awake watching television in his briefs, approached Marivic as she lay down to sleep.
      • He embraced her despite her resistance which included pushing his arm away.
      • The confrontation escalated when the accused, enraged at her resistance, kicked her buttocks and struck her on the side near her breast.
      • He proceeded to forcibly remove her short pants and underwear; then he disrobed himself and placed himself on top of her, inserting his penis into her vagina.
      • Before ejaculation, he withdrew his penis, leaving behind semen on her thighs.
  • Incident on 21 May 1995 (Second Alleged Rape)
    • Time and Place
      • Occurred at approximately 2:30 in the afternoon.
      • Took place in their shared house where Marivic was watching television with her mother and sister.
    • Events as Alleged by Marivic
      • The accused, arriving in a drunken state, ordered his wife and daughter Marife to leave the room out of fear.
      • Left alone with Marivic, he compelled her to remove her duster.
      • He threatened her with a blade-like weapon positioned on the left side of her neck, which instilled severe fear.
      • Despite her pleas and expressions of fear (citing her menstrual condition), he disregarded her objections.
      • He cut the strap of her bra, stripped her naked, and ordered her to leave the house; when she refused, he forcibly dragged her outside.
      • The accused’s inebriated state eventually led him to fall asleep near the front door, allowing Marivic to escape and seek refuge at her grandmother’s house.
  • Post-Incident Developments and Evidence
    • Immediate Actions
      • Marivic, after escaping, sought help from her grandmother and eventually reported the incident.
      • On 26 May 1995, accompanied by her relative Concepcion, Marivic underwent a physical examination at the Malabon Police Station and later at the National Bureau of Investigation (NBI) by Dr. De Perio-Daniel.
    • Medical Findings
      • The medical report stated that there was no laceration in Marivic’s hymen.
      • Dr. De Perio-Daniel explained that the victim’s hymen was of an elastic type, capable of accommodating penetration without sustaining a rupture or laceration.
      • No extra-genital evidence of physical injuries or violence was noted.
  • Accused-Appellant’s Version and Defense Arguments
    • Testimonies by Hernani Sandico y Gabriel
      • The accused testified that no unusual incident occurred on 20 May 1995 and that he spent the early hours watching television with his wife and daughter Marife.
      • He denied the occurrence of any rape on 21 May 1995, claiming that he merely interacted with Marivic in relation to minor domestic issues (such as asking for a “chaser”).
      • He asserted that previous complaints (allegedly for maltreatment on 18 May and 21 May) were filed out of vengeance as a result of familial discord.
    • Defense Contentions
      • Questioned the credibility of Marivic’s testimony, alleging that it was motivated by hatred and served retaliatory purposes.
      • Emphasized the medical certificate’s findings that no laceration was observed, arguing that physical evidence of rape was absent.
      • Claimed that the circumstances, including the presence of other family members in a small room and an apparent lack of resistance (given the victim was unarmed), made the occurrence of rape highly improbable.
      • Raised issues regarding the alleged delay in filing the complaint against him.
  • Judicial Findings and Outcome
    • The trial court found the testimony of Marivic to be credible, noting her clear, detailed, and emotionally charged account.
    • The court held that the defense’s arguments regarding the improbability of the rape and the absence of physical injuries were insufficient to negate the victim’s identification and narrative.
    • Citing established jurisprudence and doctrinal principles—including the acceptance of delayed reporting in rape cases—the trial court’s findings were supported.
    • Ultimately, the conviction in Crim. Case No. 15896-MN was affirmed, with modifications to increase the victim’s awarded indemnity from P30,000.00 to P50,000.00, and an additional award of P50,000.00 for moral damages.

Issues:

  • Credibility and Reliability of Testimony
    • Whether the trial court erred in giving significant weight to Marivic’s testimony despite the delay in reporting.
    • The impact of the victim’s emotional condition and detailed account on the credibility analysis.
  • Medical Evidence and Physical Findings
    • Whether the absence of laceration in the victim’s hymen, as explained by its elastic nature, is sufficient to challenge the occurrence of rape.
    • The role of the medico-legal report in establishing or negating the commission of the crime despite the lack of external injury.
  • Circumstances Surrounding the Alleged Offense
    • The plausibility of the alleged rape occurring in a small, shared living space with the presence of other family members.
    • Whether the dynamics of incest and the inherent power imbalance could explain the victim’s lack of overt physical resistance.
  • Legal Sufficiency of the Evidence
    • Whether the evidence, taken as a whole, proves beyond reasonable doubt the commission of rape by the accused.
    • The admissibility and weight of the defense’s arguments regarding the alleged improbability of the events.
  • Appropriateness of the Delay in Reporting
    • Whether the ten-year delay (in part of the narrative) in reporting the rape or suspected abuse could be judicially justified given the fear and emotional trauma involved.
    • The impact of such a delay on the overall assessment of the victim’s claim.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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