Title
People vs. Rivera y Palacio
Case
G.R. No. 130607
Decision Date
Nov 17, 1999
A father convicted of qualified rape of his 10-year-old daughter; testimonies, medical evidence, and incestuous circumstances led to the death penalty.

Case Summary (G.R. No. 130607)

Applicable Law

The relevant legal framework includes the 1987 Philippine Constitution, Republic Act No. 7659, and Article 335 of the Revised Penal Code, which defines and penalizes the crime of rape and specifies circumstances that aggravate its nature.

Factual Background

The information filed against Rustico Rivera stated that on May 16, 1995, he allegedly committed the crime of rape against his 10-year-old daughter, involving acts of force and intimidation. During the trial, Alphamia testified about her experience of being sexually molested by her father. She recounted the immediate events leading to the assault, describing unwanted touching and the removal of her garments. Additionally, her younger sister, Nina Joy, testified that she witnessed the abuse while pretending to sleep.

Testimonies and Medical Evidence

Medical evidence was provided by Dr. Fe Mesina, who examined Alphamia shortly after the incident, indicating recent trauma and physical signs consistent with sexual abuse. Dr. Mesina’s medical report highlighted lacerations on the hymen suggesting sexual penetration. The defense presented their own medico-legal expert, Dr. Dominick L. Aguda, who also found evidence compatible with sexual intercourse although it was labeled as old and healed injuries.

Defense's Argument

The defense contended that the accusations were fabricated, suggesting ill motives on the part of the victim’s mother and mother-in-law. Rustico claimed to have been elsewhere during the incident and argued that the charges arose from a conflict with his wife.

Trial Court's Decision

The trial court found Rustico guilty beyond reasonable doubt of incestuous rape and imposed the death penalty, considering the victim's age and her parental relationship with the offender as aggravating factors. The court underscored the victim's credible testimony and psychological impact on both her and her sister.

Affirmation of the Decision

In the automatic review by the Supreme Court, it was emphasized that the prosecution's evidence, particularly the coherent and candid testimonies of the victims, strongly substantiated the charges. The Court rejected the defense's claims of fabrication, stating it is implausible for young children to concoct such seri

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