Title
Supreme Court
People vs. Descartin, Jr. y Mercader
Case
G.R. No. 215195
Decision Date
Jun 7, 2017
Father convicted of raping 11-year-old daughter; Supreme Court affirmed reclusion perpetua, increased damages, citing credible testimony and statutory rape elements.

Case Summary (G.R. No. 215195)

Applicable Law

The laws applicable to this case include Articles 266-A and 266-B of the Revised Penal Code, which define and delineate the crime of rape, specifically statutory rape. The elements of qualified rape under Philippine law necessitate a victim under the age of twelve and a relationship by consanguinity to the perpetrator.

Factual Background

AAA testified that on the evening of July 19, 2003, she was in the sala of their residence, along with her three younger sisters, while their mother was away working in Manila. After returning from a drinking spree, accused-appellant removed AAA’s shorts and undergarments and engaged in sexual intercourse with her despite her attempts to resist. Following the assault, AAA reported the incident to a neighbor, Virginia Capote, who assisted AAA in seeking medical examination and filing a police report.

Procedural History

Accused-appellant was arraigned and pleaded not guilty to the charges of qualified rape. After a trial during which AAA provided detailed testimony about the assault, the RTC found him guilty beyond reasonable doubt and sentenced him to reclusion perpetua. The CA affirmed this decision but modified the civil damages awarded to AAA.

Appeals and Contentions

On appeal, accused-appellant contended that the prosecution failed to prove his guilt beyond reasonable doubt and criticized AAA's testimony as insufficiently detailed regarding the act of penetration. He highlighted the absence of testimony describing a push-and-pull motion during the alleged assault.

Legal Principles on Credibility of Witnesses

The Supreme Court reinforced the legal principle that the credibility of the victim is paramount in cases of rape. It underscored that a trial court’s findings on witness credibility deserve great deference, given the court’s unique ability to observe demeanor and behavior during testimony. The Court emphasized that both the RTC and the CA found AAA’s narrative to be credible and compelling.

Elements of Qualified Rape

The Court confirmed that the elements required for a finding of qualified rape were sufficiently established: AAA was eleven years old, and the accused-appellant was her father, fulfilling the statutory requirements. The prosecution demonstrated the relationship between the accused and the victim through AAA’s Certificate of Live Birth and her credible account of the events.

Analysis of Defense and Verdict

The Supreme Court noted that the accused's alibi and claims of AAA's failing

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