Case Summary (G.R. No. 136247)

Background of the Case

• Nerissa Liban, the victim, described her father, Manuel Liban, as abusive and neglectful.
• Their mother left for Manila, leaving the children in the care of their father, who resorted to physical and sexual abuse.
• The first incident of rape occurred on November 6, 1995, when Nerissa was 12 years old, and continued for a year, with the last incident on October 15, 1996.

Details of the Abuse

• Nerissa recounted the traumatic experiences of being raped multiple times by her father.
• The abuse included physical violence, threats with a knife, and psychological manipulation.
• After the last incident, Nerissa and her sisters sought refuge with their maternal aunts.

Medical Evidence and Reporting

• Nerissa eventually confided in a friend, leading to a medical examination that confirmed her non-virgin state and vaginal lacerations.
• In December 1996, she filed a complaint against her father, resulting in two criminal cases for rape.

Charges Filed

• Two informations were filed against Manuel Liban for rape under Article 335 of the Revised Penal Code.
• The charges highlighted the use of force and intimidation, as well as the relationship between the accused and the victim.

Defense of the Accused

• Manuel Liban denied the allegations, claiming he was at home with his youngest daughter during the incidents.
• He suggested that his daughter may have been influenced by his in-laws due to a family dispute.

Trial Court's Rulings

• The trial court acquitted Liban in one case due to reasonable doubt regarding the circumstances of the alleged rape.
• In the other case, the court found him guilty and imposed the death penalty, citing the heinous nature of the crime.

Appeal and Legal Arguments

• Manuel Liban appealed the death sentence, arguing that the prosecution failed to prove the victim's age.
• He referenced previous cases where the lack of evidence regarding the victim's age led to reduced penalties.

Legal Standards for Rape

• The law requires specific conditions to be met for the imposition of the death penalty in cases of rape, particularly involving minors.
• The prosecution must establish the victim's age beyond reasonable doubt, which is critical for qualifying the crime as heinous.

Court's Analysis of Age Evidence

• The court emphasized the necessity of presenting independent proof of the victim's age, such as a birth certificate or corroborative testimony.
• The absence of such evidence in this case led to the conclusion that the death penalty could not be justified...continue reading