Title
People vs. Nachor y Omayan
Case
G.R. No. 177779
Decision Date
Dec 14, 2010
A father convicted of raping his 14-year-old daughter, using a bolo to intimidate her, resulting in pregnancy. Death penalty reduced to life imprisonment; damages increased.

Case Summary (G.R. No. 177779)

Background of the Charges

The appellant faced two counts of rape as outlined in Criminal Case Nos. IR-6033 and IR-6034, with the allegations stating that he raped "AAA" on May 9, 2001, and during the first week of June 2001. The Information provided detailed accounts of how the appellant, using force and intimidation, engaged in sexual intercourse with "AAA," who was under the age of consent at 14 years old, thereby qualifying the acts as aggravated rape due to the parental relationship.

Version of the Prosecution

"AAA" testified about her fear and the physical force used against her by the appellant during both incidents. She detailed how she was threatened with a bolo at her neck, dragged into a room, and sexually assaulted. After each incident, she was threatened with severe consequences if she reported the assaults. It was noted that "AAA" eventually revealed the abuse after her mother sought help regarding her apparent pregnancy, which was a result of the rapes.

Version of the Appellant

Felipe Nachor y Omayan denied the allegations, asserting an alibi that he was not home during the days of the rapes. He claimed that "AAA" did not live with him during the period in question and suggested that his son, Randy, could be the father of the child that "AAA" was carrying.

Ruling of the Regional Trial Court

On January 27, 2003, the Regional Trial Court found the appellant guilty beyond a reasonable doubt of two counts of qualified rape, sentencing him to death. The court's decision was rooted in the credibility of "AAA's" testimony and the application of aggravating circumstances due to the relationship between the victim and the offender.

Verdict of the Court of Appeals

The Court of Appeals affirmed the trial court's decision with modification, maintaining the death penalty while also increasing the amounts of damages awarded to "AAA." This included civil indemnity, moral damages, and exemplary damages, as stipulated under the law.

Appellant's Assignments of Error

The appellant challenged the trial court's credibility determinations and the imposition of the death penalty. He argued that the testimonies of "AAA" were incredible and that there were inconsistencies in her account.

Court's Ruling on the Appeal

Ultimately, the Supreme Court found the appeal to be unmeritorious, stating that the assessment of "AAA's" credibility was appropriately upheld by the lower courts. The Court noted three guiding principles for rape cases: the ease of making false accusations, the necessity for careful scrutiny of testimonies, and the independence of the prosecution's evidence from the defense's weaknesses. The Court stressed that the absence of physical resistance does not negate the occurrence of rape, especially given the threat of violence used during the incidents.

Penalty and Damages

The Supreme

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