Case Summary (G.R. No. L-48746)
Factual Background
Dominador Avero was convicted of rape and sentenced to reclusion perpetua by the Regional Trial Court of Abra, Branch I. The charge stemmed from an incident in which 12-year-old Janet Avero reported being assaulted on her way home from washing clothes at the river, where she was confronted by Dominador, who forcibly took her to a secluded area and raped her.
Evidence Presented
Janet detailed her ordeal, noting that she screamed for help but was silenced by Avero. She described his threats of violence should she report the incident, which initially prevented her from informing her father. After eight days, she disclosed the assault, leading to a formal report to the Philippine Constabulary and a medical examination. Her father corroborated her account, providing details of Janet’s emotional state following the incident.
Medical Examination Findings
Dr. Adela Vera Cruz conducted a medical examination of Janet, revealing findings consistent with sexual assault, including old lacerations on the hymen, which supported the allegations of rape.
Defense Argument
The defendant, Dominador Avero, offered an alibi, claiming he was visiting a relative in a different town during the time of the assault. However, the trial court rejected this defense due to its lack of corroborative evidence and the compelling nature of the victim’s testimony.
Assessment of Credibility
The trial court found Janet's testimony credible, noting her young age and suggesting that it was implausible for her to fabricate such allegations against her own uncle. The court emphasized that in cases of rape, conviction often hinges on the credibility of the victim.
Appellate Review Standards
In reviewing the evidence, appellate courts generally defer to the trial court’s findings due to its better position for assessing witness credibility and demeanor. This principle was upheld, reaffirming the conviction based on a thorough evaluation of the testimonies and evidence presented.
Delay in Reporting
Avero’s defense claimed that Janet’s delay in reporting the incident undermined her credibility. However, established jurisprudence asserts that the reactions of young victims can be unpredictable, especially when threats are involved, supporting the legitimacy of her delayed report.
Flight as Indic
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Case Overview
- This case involves the defendant, Dominador Avero, who was convicted of rape and sentenced to reclusion perpetua by the Regional Trial Court of Abra, Branch I.
- The complainant, Janet Avero, is the niece of the accused and was 12 years, 8 months, and 3 days old at the time of the incident that occurred on February 11, 1984.
Incident Details
- Janet Avero was returning home from washing clothes at the river when the accused, Dominador Avero, suddenly confronted her on a pathway.
- The accused forcibly grabbed her by the waist, covered her mouth, and took her to a field where he raped her.
- Despite not fully penetrating her, Janet testified that she felt something warm from the accused's penis.
- The accused threatened Janet with a bolo, warning her not to report the incident to her father, fearing for both their lives.
Testimonies
- Janet Avero's Testimony:
- Described the assault in detail, noting the threats made by the accused.
- Initially did not report the rape due to fear but eventually confided in her father after eight days.
- Clarito Avero's Testimony (Janet's Father):
- Noticed his daughter was upset and crying, prompting him to inquire about her distress.
- Janet revealed the details of her assault by Dominador Avero.
- He reported the incident to authorities two days later and took Janet for a