Case Summary (G.R. No. 157163)
Factual Background
Rogelio Mirante Sr. was found guilty by the Regional Trial Court of raping his daughter, AAA, on two occasions: November 28, 1998, and February 25, 1999. AAA provided a detailed and emotional testimony about the sexual abuse she suffered, describing the incidents where her father forcibly stripped her and sexually assaulted her while threatening her with a weapon. Despite repeated attempts to confide in her mother about the abuse, AAA was met with disbelief and denial, as her mother sided with Rogelio.
Evidence and Testimonies
The prosecution presented testimonies from AAA and medical evidence that outlined the physical condition of AAA's genitalia, confirming previous sexual abuse. Although Rogelio asserted a defense based on alibi and denial, claiming he was away from home during the incidents, the trial court found AAA's testimony credible and consistent. The inconsistencies raised by the defense regarding AAA's statements were deemed minor and did not undermine the truth of her allegations.
Legal Considerations and Court Findings
For Rogelio to be convicted of qualified rape, it must be established that AAA was a minor, specifically under eighteen years of age, at the time of the offenses. The conviction relied solely on AAA's age testimony, as no birth certificate or corroborative documentation demonstrating her age was submitted as evidence. Thus, the court concluded that the prosecution failed to prove that she was underage, leading to a conviction for simple rape rather than qualified rape.
Sentencing and Damages
Subsequently, the trial court sentenced Rogelio Mirante Sr. to death, but this was modified upon appeal. The conviction for simple rape prompted a reduction of the penalty to reclusion perpetua due to the insufficient evidenc
...continue readingCase Syllabus (G.R. No. 157163)
Case Overview
- The case involves Rogelio Mirante Sr., who was found guilty of raping his fourteen-year-old daughter, referred to as AAA.
- The Regional Trial Court sentenced him to death, ordered him to pay P75,000.00 as civil indemnity and P50,000.00 as moral damages.
Victim's Testimony
- AAA provided a compelling and distressing account of the sexual abuse she endured from her father.
- The first incident occurred on November 28, 1998, when her father ordered her to undress while sending her siblings away.
- AAA described being violently molested, threatened with a bolo (machete), and ultimately raped.
- On February 25, 1999, while left alone with her father, he again sexually assaulted her, ignoring her pleas to stop and threatening her with a knife.
- AAA disclosed that her father would also mistreat her younger siblings and destroy household items if she resisted his advances.
Family Dynamics and Response
- Despite reporting the abuse to her mother, Avelina, and her older brother, there was no protective action taken by her mother.
- AAA was eventually taken to the police station, where she provided her testimony, and underwent a medical examination.
Medical Examination Findings
- Dr. Emmanuel Perez, the medico-legal o