Title
People vs. Dante
Case
G.R. No. 127652
Decision Date
Dec 5, 2001
Aurora Cañizares, 14, accused stepfather Oscar Dante of repeated rape since age 10. Despite an affidavit of desistance, the Supreme Court upheld Dante’s conviction, modifying the penalty to reclusion perpetua, citing credible testimony and healed lacerations as evidence.

Case Summary (G.R. No. 127652)

Factual Background

This case involves Oscar M. Dante, charged with the crime of rape against his stepdaughter, Aurora CaAizares. The central incident occurred on March 25, 1996, in Quezon City. The prosecution presented evidence that Dante had been sexually abusing Aurora since she was ten years old. The latest incident escalated as Dante threatened Aurora to secure her compliance, resulting in her eventual disclosure of the abuse to her peers, leading to police intervention.

Testimonies and Evidence

Aurora provided compelling testimony detailing the abuse she suffered, stating that Dante initiated sexual encounters using threats and intimidation. Despite his denial of the charges, medical evidence corroborated Aurora's claims, demonstrating signs of prior sexual abuse. The testimonies included those of family members who were informed about the abuse and medical experts who examined Aurora, providing critical support for her allegations.

Accused-Appellant's Defense

Dante contended that the prosecution failed to establish his guilt beyond reasonable doubt and that the allegations were constructed based on personal biases of Aurora. He argued that the legal definition of rape was not satisfied due to the absence of force or intimidation. He also claimed that the healed lacerations found on Aurora did not align with the timeline of the alleged rape.

Motion for New Trial

Dante filed a Motion for New Trial based on an affidavit from Aurora, indicating a desire for justice and a more accurate version of events. However, the prosecution opposed this motion, highlighting that post-conviction affidavits of retraction are generally viewed with skepticism as they could be influenced by external pressure, thus lacking reliability.

Legal Analysis and Conclusions

The court affirmed the trial court's conviction of Dante for rape, asserting that his moral ascendancy over Aurora significantly contributed to the intimidation she experienced. The judgment clarified that the perception of the victim matters significantly in establishing the presence of intimidation. The court noted that the absence of fresh lacerations does not invalidate rape claims and dismissed Dante's attempts to portray Aurora's character as unsuitable for the severity of the crime.

Sentencing

While affirming the conviction, the Supreme Court modified the penalty imposed on Dante. It determined that since the complaint did not appropriately allege the circumsta

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