Case Summary (G.R. No. L-47851)
Case Background
Pascual B. Balbarona was convicted of raping his minor daughter, Odette M. Balbarona, by the Regional Trial Court of Lanao Del Norte. The information charged that on or about May 28, 2000, Balbarona, through force and intimidation, had carnal knowledge of his daughter, who was less than fifteen years old. Balbarona entered a plea of not guilty to the charge against him.
Prosecution's Evidence
The prosecution primarily relied on the testimony of the victim, Odette. She recounted that on the afternoon of the incident, while home alone with Balbarona, he forcibly removed her clothes and assaulted her. Despite her attempts to resist, he overpowered her and penetrated her. Following the assault, Odette sought refuge in her sister's house, where she reported the incident to family members and others in the community. Medical examinations confirmed her account, highlighting findings such as hymenal notches but also suggesting the possibility of penetration.
Defense and Alibi
Balbarona's defense hinged on an alibi claiming he was at work during the time of the assault. He argued that he could not have been present at the scene because his work as a butcher in Barangay Saray kept him occupied until the evening. He denied the allegations outright and stated there was no evidence of penetration given the medical findings.
Evaluation of Credibility
The court, however, found sufficient reason to uphold the credibility of Odette's testimony, noting the absence of any ill motives behind her report. The victim’s consistent recounting of her traumatic experience, coupled with corroborating testimony from witnesses who were informed soon after the event, reinforced her credibility. Minor inconsistencies attributed to the victim's age and mental state were deemed understandable and did not significantly undermine her account.
Court's Findings on Penetration
Balbarona contested the conviction based on the contention that the medical evidence failed to demonstrate penetration. The court clarified that the absence of physical injuries or lacerations does not invalidate a rape charge. Instead, the testimony indicating any form of contact between the male organ and the labia can be sufficient to establish the crime. Given Odette's unequivocal assertion of penetration, the court found her testimony compelling.
Conviction and Penalty
The trial court initially imposed the death penalty based on the nature of the crime, considering the victim's youth and her familial connection to the offender. However, upon review, the higher court found that the prosecution had not
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Case Overview
- The case involves an automatic review of the judgment rendered by the Regional Trial Court of Lanao Del Norte, Branch 2, on October 31, 2000.
- The appellant, Pascual B. Balbarona, was convicted of raping his minor daughter, Odette M. Balbarona, and sentenced to death.
- The Information for rape was filed on May 31, 2000, alleging the crime occurred on May 28, 2000, in Iligan City, Philippines, through force and intimidation.
Charges and Plea
- The charge specified that the appellant had carnal knowledge of his daughter, a minor under fifteen years of age, against her will.
- The appellant pleaded not guilty to the charges.
Stipulation of Facts
- Both parties entered into a stipulation of facts, confirming:
- The victim was the appellant's daughter and was fifteen at the time of the incident.
- The appellant lived with the victim and his two other daughters.
Prosecution's Case
Victim's Testimony:
- On May 28, 2000, at around 2:00 PM, the victim was at home with her younger sisters and father.
- The appellant pushed the victim back, removed her clothes, and made her lie down on the floor.
- Despite the victim's resistance, the appellant forcibly penetrated her, causing her pain and distress.
- After the assault, the victim dressed and reported the incident to her sister and a friend, subsequently going to the local paramilitary member for assistance.
Witness Accounts:
- The victim’s elder sister initially doubted the victim's account due to her mental health history but later advised her to seek medical help.
- A local paramilitary member and a medical officer co