Title
People vs. Remedios y Saramosing
Case
G.R. No. 211056
Decision Date
Nov 10, 2015
Father convicted of raping 14-year-old daughter; court upheld credibility of victim’s testimony, imposed life imprisonment, and awarded damages.
rape
complaint
accused

Case Summary (G.R. No. 211056)

Factual Background and The Information

On March 6, 2003, the prosecution filed an Information alleging that on or about March 2, 2003, in Davao City and within the court’s jurisdiction, the accused-appellant “wilfully, unlawfully and feloniously by means of force, threat and intimidation had carnal knowledge of his own biological daughter, AAA, a minor [fourteen] (14) years of age, against her will.” The accused-appellant pleaded not guilty.

Prosecution Evidence at Trial

At trial, the prosecution presented the testimony of AAA and Dr. Regina Ingente. AAA testified that the accused-appellant was her father and that on March 2, 2003, at about eight o’clock in the evening, he sexually abused her inside their house at XXX, Davao City. She stated that her mother, BBB, was not around and that only her five younger sisters were sleeping in the house. She claimed she was asleep when the accused-appellant removed her shorts and panty. When she awakened, she testified that the accused-appellant was already on top of her and inserted his penis into her vagina. She added that she was unable to fight back because he held her shoulders and pointed a knife at her. She further testified that he threatened her not to shout, warning that he would kill her and her sisters. After the incident, she said she told BBB at about nine o’clock in the evening and they went to the house of CCC, the accused-appellant’s brother, before going to the police station. She then submitted to a medical examination.

Dr. Ingente identified in court the medical certificate issued and signed by Dr. Jocelyn Pagaran, the attending physician at the Davao Medical Center who examined AAA. Dr. Ingente explained that Dr. Pagaran was initially under her direct supervision, but by the time of trial she was no longer connected with the hospital. The medical certificate contained the conclusion that “[m]edical [e]valuation revealed definitive for sexual contact.” The prosecution also presented AAA’s birth certificate and an excerpt from the police blotter documenting AAA’s initial complaint on March 2, 2003.

Defense Evidence and Theory

The defense presented the accused-appellant as its sole witness. He testified that in 2003 his relationship with his wife was rocky because she had an affair with another man. He stated that on March 1, 2003, he went home from work at nine o’clock in the evening. He claimed that after urinating he discovered AAA taking money from his pants. He then grabbed his pants from AAA. He added that his wife arrived immediately thereafter, accused him of raping their daughter, and both AAA and his wife left. He further asserted that the allegation of rape could not be true because on March 2, 2003 at eight o’clock in the evening he was already in the detention cell at the police station. He claimed that the case was instigated by BBB so that she could live with another man. As documentary evidence, the defense offered AAA’s complaint-affidavit and adopted the prosecution’s medical certificate as exhibit.

RTC Ruling and Sentence

In its decision dated March 22, 2011, the RTC convicted the accused-appellant of rape. The court gave greater weight to AAA’s testimony, finding it “straightforward and spontaneous” and noting that AAA remained steadfast on cross-examination. The RTC also held that the accused-appellant failed to prove that BBB had an ill motive to instigate the accusation.

The RTC imposed reclusion perpetua, considering as aggravating circumstance that the offender was the father of the offended party who was under eighteen years of age. It ordered the accused-appellant to pay PHP 50,000.00 as civil indemnity and PHP 50,000.00 as moral damages.

Court of Appeals Proceedings and Modifications

On appeal, the Court of Appeals affirmed the conviction with modification. It likewise found AAA’s testimony credible. The Court of Appeals ruled that the prosecution’s failure to present the physician who examined AAA was inconsequential because medical examination was not indispensable to a rape prosecution. It emphasized that what was important was that AAA’s testimony was “clear, unequivocal and credible.” It thus denied the appeal, affirming the RTC’s decision but modifying the sentence terms and damages: reclusion perpetua was imposed without eligibility for parole, and the awards of civil indemnity and moral damages were increased to PHP 75,000.00 each.

Issues Raised on Further Appeal

The accused-appellant again appealed to the Court. He contended that the prosecution failed to prove his guilt beyond reasonable doubt. He argued that the prosecution did not establish carnal knowledge or the required force or intimidation. He also alleged that AAA lied when she claimed he pointed a knife at her because she supposedly did not mention that fact in her complaint-affidavit. He further noted alleged timing inconsistencies, stating that in her cross-examination AAA said she underwent a medical examination at about ten o’clock in the evening on March 2, 2003, while the medical certificate stated she was examined on March 3, 2003. He also argued that it was contrary to normal human experience that AAA was not awakened when he supposedly removed her clothing. Lastly, he maintained that the medical certificate should not be given weight because the doctor who testified was not the one who actually examined AAA.

The Court’s Ruling on Credibility and the Elements of Rape

The Court denied the appeal but modified the penalties and awards.

The Court reiterated the statutory definition of rape under Article 266-A of the Revised Penal Code, emphasizing that for rape to prosper the prosecution must prove (one) the offender’s carnal knowledge of the woman, and (two) that the act was accomplished through force, threat or intimidation, or under circumstances such as the victim being deprived of reason or unconscious, or being under twelve (12) years of age, or being demented.

On review, the Court held that there was no reason to disturb the factual findings and credibility determinations of the lower courts. It found that AAA consistently identified the accused-appellant as the perpetrator and testified unequivocally regarding how he had carnal knowledge of her. The Court stressed the rule that assessment of credibility is best left to the trial court, given the trial court’s superior position to observe the demeanor of witnesses. Absent a showing that the trial judge overlooked or misapplied facts that would affect the outcome, the trial judge’s credibility assessment merited the appellate court’s highest respect.

As to the claim that force or intimidation was not proven, the Court rejected the argument. It relied on People v. Oriliosa to hold that in incestuous rape of a minor, actual force or intimidation need not be shown where the father’s overpowering moral influence is sufficient to cow the victim into submission. It found that the father’s moral and physical dominion could suffice to compel the victim’s submission.

Treatment of Alleged Discrepancies and Medical Evidence

The Court also held that the alleged discrepancies were not sufficient grounds for acquittal. It explained that discrepancies between a complainant’s statements in an affidavit and her testimony in court do not necessarily discredit her because affidavits taken ex parte may be incomplete or inaccurate, and sworn declarations in affidavits are generally subordinated to testimony in open court. It further held that the medical examination and the medical certificate were merely corroborative and not indispensable elements of rape. The decisive matter, the Court stated, was that the testimony of the private complainant was clear, unequivocal, and credible.

Rejection of the Defense Theory of Instigation

The Court affirmed the trial court’s finding that the accused-appellant did not prove his claim that the rape charge was instigated by BBB due to marital estrangement. It held that the defense was incredible and contrary to reason. Citing People v. Lasola, the Court characterized as unnatural the alleged motive that a parent would use her offspring as an instrument of malice or retaliation, especially if that would subject the child to humiliation, disgrace, and stigma. It likewise found it unbelievable that a daughter would charge her own father with rape, exposing herself to ridicule, if the accusation were not true.

Qualification of the Offense and Proper Penalty

On the proper penalty, the Court treated the offense as qualified rape based on the qualifying circumstances alleged in the Information: the victim’s minority and the offender’s relationship to her as her parent. It noted that the prosecution presented AAA’s birth certificate, establishing she was born on September 25, 1988, making her only fourteen (14) years old when the incident occurred on March 2, 2003. The birth certificate also stated that the accused-appellant is AAA’s biological father, a fact he admitted during trial.

Although Article 266-B of the Revised

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