Title
People vs. Salaver y Luzon
Case
G.R. No. 223681
Decision Date
Aug 20, 2018
Benjamin Salaver convicted of three counts of qualified rape against his 15-year-old daughter, AAA; Supreme Court affirmed guilt, citing credible testimony, healed hymenal lacerations, and moral ascendancy. Damages increased.
qualified rape
incestuous rape
moral ascendancy
A

Case Summary (G.R. No. 223681)

Factual Background

The prosecution’s version relied primarily on the testimony and affidavit narration of AAA, whose account described three separate incidents committed by her father inside their family home in Calapan City.

In Criminal Case No. CR-06-8596, AAA testified that on July 19, 2006, about 5:00 p.m., while they were inside the house, her father pulled her toward his bedroom, ordered her to remove her shorts, and after she refused, removed her shorts and panty himself. She said he laid her on the bed, exposed his erect sex organ, instructed her to spread her legs, and inserted his organ into her private part, causing her pain. She asserted that when the incident happened, her younger brother and eldest brother were not in the house. She stated that her pleas were ignored and that she was warned not to shout because he would do something bad if she did. After the incident, she left the house and spent the night with her mother, later telling her older brother but being ignored. She also claimed her mother advised her not to sleep in their house anymore.

In Criminal Case No. CR-06-8597, she related that on August 23, 2006, also around 5:00 p.m., while inside the house, her father ordered her to go inside his room, and once there, told her to lie on the bed. She refused when he told her to remove her clothes, but he removed her shorts and panty. She stated that, as in the first incident, he inserted his sex organ into her private organ and made an up-and-down motion, while she attempted to resist unsuccessfully. She explained that she informed her older brother and mother about the second incident and that she returned to the house only because she intended to get something there, despite her mother’s earlier warning after the first rape.

In Criminal Case No. CR-06-8598, she testified that on September 8, 2006, about 7:00 a.m., while she was washing the dishes, her father suddenly held her hand and pulled her into his room. She stated that her younger brother had been sent by the accused on an errand. She testified that when she refused to remove her shorts, her father attempted to remove her panty; she tried to push him away but failed. She then said he made her lie on the bed, held her hands, inserted his sex organ into her private part causing pain, and made up-and-down motions. She claimed that she struggled and pleaded, “Huwag po,” but she could not shout because her father threatened to kill them if she did. She reported the incident after accompaniment by her mother and a barangay tanod, submitting herself for a medical examination on September 8, 2006, and she stated that she was investigated at the PNP Provincial Headquarters in Barangay Suqui, Calapan City. She affirmed the truthfulness of the contents of her affidavit.

Corroborating testimony came from Dr. Angelita C. Legaspi, who examined AAA on September 8, 2006. The doctor testified that she found no external injuries, but she confirmed old healed complete hymenal lacerations at the one, four, six, nine, and eleven o’clock positions, with no hymenal nor vaginal bleeding at the time of examination. She opined that the lacerations could have been caused by the insertion of a male sex organ and that it was possible AAA had been sexually molested three or more times.

The prosecution also presented BBB, AAA’s younger brother. He testified that he confirmed the truthfulness of his affidavit executed in relation to the third incident. In that affidavit, he stated that on September 8, 2006, the accused asked him to buy sardines, and when he returned, he saw the accused half naked lying on top of AAA. BBB testified that he wanted the case against his father dismissed per an agreement with AAA, and he admitted he was compelled to attend hearings by the accused’s live-in partner, as he feared the partner.

Trial Court Proceedings

The three cases were tried jointly. The accused was arraigned and entered a plea of not guilty. After trial, the RTC issued a Joint Decision dated August 24, 2011, finding the accused guilty beyond reasonable doubt of three counts of qualified rape. The RTC considered the accused’s bare denial and his attempt to impute ill motives to a relative insufficient to overcome the prosecution evidence. The RTC gave weight to AAA’s categorical identification of the accused as the perpetrator and to the proof of the complainant’s minority and relationship.

The RTC found that the information alleged the complainant’s minority and familial relationship, and that these elements were proven. It held that the prosecution established AAA’s age as fifteen (15) at the time of the incidents through her Certificate of Live Birth and the records showing the accused as her father.

The RTC imposed three penalties of reclusion perpetua without eligibility for parole, and ordered the award of civil indemnity, moral damages, and exemplary damages for each count.

The Parties’ Contentions on Appeal

On appeal, the accused argued before the CA and reiterated positions on credibility. He contended that AAA’s testimony was not reliable, emphasizing that she allegedly showed no fear or disgust by continuing to stay in the same house, complying when invited inside his room, and even agreeing with BBB to dismiss the case. He also pointed to alleged inconsistency on whether she reported the first rape incident to her mother, arguing that she previously testified differently on direct and cross-examination. Further, he relied on the medical findings that there were no external injuries, asserted doubt arising from her conduct after the assaults, and claimed that the filing was ill-motivated through the manipulation of EEE, coupled with dislike toward him due to his treatment of AAA’s mother. He also questioned the absence of strong resistance during the assaults.

The CA rejected these contentions. It treated AAA’s testimony as clear and worthy of belief and found the alleged inconsistencies trivial. It held that the complainant’s continued residence in the house, the delay or initial concealment of the assaults, and the absence of fresh hymenal lacerations were not sufficient to negate rape, particularly because in incestuous rape, the father’s moral ascendancy and influence substitutes for violence and intimidation. It also ruled that the absence of fresh lacerations does not disprove rape and that healed lacerations do not negate the offense.

On the merits, the CA concluded that the accused’s denial and alibi could not prevail over AAA’s positive testimony and affirmed the RTC in full.

Ruling of the Supreme Court

The Supreme Court found the appeal devoid of merit and affirmed the convictions. It ruled that the prosecution established the elements of qualified rape, including sexual congress, the fact that the victim was the accused’s daughter, the commission by force or without consent, and the victim’s minority. The Court relied on the birth records to establish that AAA was under eighteen (18) at the time of the incidents and that the accused was her parent.

The Court accorded great weight to the lower courts’ credibility findings, reiterating that child victims’ testimony receives full weight and credit where the victim’s narration is candid. It held that AAA’s account was clear and straightforward and that the accused’s defenses of improper motive and denial did not overcome her positive testimony.

The Court also addressed the complainant’s partial explanations and the minor inconsistencies pointed out by the accused. It considered the discrepancy on immediate reporting about the first incident as trivial and not essential to the elements of rape. It treated inconsistencies in minor details as indicia of truth, particularly when the witness is unrehearsed.

On the issue of behavior after the rapes, the Court rejected the argument that AAA’s lack of visible fear or disgust, or her continuing routine of going to school and returning to the house, undermined credibility. It accepted AAA’s explanation that after the first incident she did not sleep in her father’s house anymore because her mother advised her not to, but she still returned after school to get something from the house. The Court further observed that it was not inconceivable that a minor victim would resume routine activities despite sexual molestation, and it emphasized that delayed or absent reporting could not be used against rape victims because fear and intimidation could inhibit disclosure.

The Court likewise rejected the attempt to use the medical evidence to exculpate the accused. It held that the absence of external injuries is not indispensable to prove rape. It emphasized that old healed hymenal lacerations corroborated the occurrence of forcible defloration and that lacerations, whether healed or fresh, constitute the best physical evidence of such penetration.

Regarding the accused’s contention about lack of resistance, the Court held that resistance is not an element of rape. It cited the complainant’s testimony explaining that she struggled and begged but could not shout due to threats from the accused that he would do something bad and would kill them if she did. It thus applied the rule that in qualified rape, moral ascendancy or influence can supplant violence or intimidation, and physical resistance need not be established when intimidation causes the victim’s submission out of fear.

Lastly, the Court did not accept the defense that the charges were instigated due to alleged manipulation by EEE and the supposed dislike arising from treatment of AAA’s mother. It invoked the principle that it is unlikely for a young girl or her family to falsely impute rape to a close relative and face social humiliation, absent compelling proof to the contrary.

Legal Basis and Reasoning

The Supreme Court grounded its affirmance on Article 266-A and the definition of qualified rape under Article 266-B as amended by Republic Ac

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