Case Summary (G.R. No. 128104)
Charges and Verdicts
Hernani Sandico was charged with two counts of rape against his daughter. For Crim. Case No. 15896-MN, he was found guilty and sentenced to reclusion perpetua, ordered to pay an indemnity of P30,000, and costs. However, in Crim. Case No. 15897-MN, he was acquitted. The conviction was contested on the grounds of credibility of the testimony and alleged lack of evidence establishing guilt beyond reasonable doubt.
Incidents of Rape
The two rape incidents took place on May 19 and May 21, 1995. The first incident occurred when Marivic returned home late from work, where she was confronted by Hernani, who then forcibly engaged in sexual intercourse with her. The second incident happened in the afternoon when Hernani, under the influence of alcohol, threatened Marivic with a bladed weapon, leading to another act of sexual violence. After this incident, Marivic fled to her grandmother's house to report the abuse.
Medical Examination and Findings
Following the incidents, Marivic underwent a medical examination by Dr. De Perio-Daniel, who reported that while there were no physical injuries or lacerations, the condition of Marivic's hymen—a form allowing penetration without injury—did not negate the occurrence of rape. The absence of laceration was argued against the credibility of the rape claim, but the legal understanding allows for penetration to constitute rape, irrespective of physical injury.
Defense Arguments
The defense claimed that Marivic's allegations stemmed from resentment due to prior maltreatment by Hernani, asserting that her testimony lacked credibility. It was contended that the nature of the household, with family members sharing a sleeping space, made the incidents improbable. Additionally, Hernani argued that he was simply drinking with his family at the time of the alleged second incident and described his actions as exaggerated and misconstrued.
Assessing Witness Credibility
The court noted that witness credibility, especially from the victim, is a crucial factor. The trial court found Marivic's testimony to be consistent, detailed, and emotionally resonant, making her account believable in the context of familial relationships and psychological intimidation inherent in incestuous assaults. The court held that the moral ascendancy of a father over his daughter could replace notions of physical force.
Delays in Reporting
Hernani's defense highlighted the significant delay in Marivic filing the rape complaint. However, the court reaffirmed that delays in reporting, particularly in cases of incest and domestic abuse where fear and shame are prevalent, should not adversely affect the victim's credibility. Such delays are not uncommon in the context of
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Case Overview
- Hernani Sandico y Gabriel was charged with two counts of rape against his daughter, Marivic Sandico, in separate Informations filed with the Regional Trial Court of Malabon.
- In Crim. Case No. 15896-MN, he was found guilty of rape and sentenced to reclusion perpetua, ordered to indemnify the victim P30,000.00, and pay costs.
- In Crim. Case No. 15897-MN, he was acquitted due to insufficient evidence.
- The accused-appellant contested his conviction based on the credibility of the victim and the prosecution's failure to establish guilt beyond a reasonable doubt.
Facts of the Case
- The two incidents of rape occurred in May 1995, with the first incident on May 19, at midnight, and the second on May 21, in the afternoon.
- On May 19, Marivic returned home from work, where her father was awake and watching television. The family shared a single room with no partitions for privacy.
- After Marivic changed into sleepwear, Hernani approached her, embraced her, and, despite her resistance, proceeded to sexually assault her.
- On May 21, Hernani, while intoxicated, forced Marivic to disrobe under the threat of a weapon, leading to another assault. She managed to escape to her grandmother's house and reported the incidents.
Testimonies and Evidence
- Marivi