THIRD DIVISION
G.R. No. 208676, April 13, 2016
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALLAN MENALING Y CANEDO Accused-Appellants.
D E C I S I O N
PEREZ, J.:
Before us for review is the Decision1 of the Court of Appeals in CA G.R. CR.-H.C. No. 04819 dated 26 November 2012 which dismissed the appeal of appellant Allan Menaling y Canedo and affirmed with modification the Judgment2 of the Regional Trial Court (RTC) of Olongapo City, Branch 73, in Criminal Cases Nos. 353-2006 and 354-2006, finding appellant guilty beyond reasonable doubt of the crime of Qualified Rape.
Appellant was charged with two (2) counts of qualified rape, to wit:
chanRoblesvirtualLawlibrary
Appellant pleaded not guilty to the charges. At the pre-trial conference, the parties stipulated that AAA is a twelve-year old minor at the time of the alleged crime and that appellant is her natural/biological father.Criminal Case No. 353-2006
That on or about the twenty-first (21st) day of January, 2006, in the City of Olongapo, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, being the biological/natural father of [AAA3], a 12-year old minor and having moral ascendancy over the latter and with lewd design did then and there wilfully, unlawfully, and feloniously and with force, threat and said intimidation, have sexual intercourse with said [AAA], by then and there inserting his penis to the vagina of said [AAA] against her will and consent to her damage and prejudice.4Criminal Case No. 354-2006
That on or about the twenty-six[th] (26th) day of Jamuary, 2006, in the City of Olongapo, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, being the biological/natural father of AAA, a 12-year old minor and having moral ascendancy [over] the latter and with lewd design did then and there wilfully, unlawfully, and feloniously and with force, threat and said intimidation, have sexual intercourse with said AAA, by then and there inserting his penis to the vagina of said AAA against her will and consent to her damage and prejudice.5ChanRoblesVirtualawlibrary
x x x She has transparent and vocal manifestations of resentment and indignation towards her experience. Client is agitated for thinking that she will not regain anymore her loss (sic) relationship with her siblings as well as her mother because of this case filed. She is helpless, unhappy, and insecure and has no emotional security and satisfaction. x x x12ChanRoblesVirtualawlibraryThe prosecution filed their Formal Offer of Evidence13 on 26 December 2007 with the RTC and rested their case. On 1 February and 18 April 2008, AAA and BBB were respectively called back to the witness stand by the defense counsel and the two recanted their previous testimonies against appellant. AAA declared that the real perpetrator was her grandfather, the uncle of her mother, now deceased.14 BBB stated that she had told lies when she first testified. BBB also admitted that she loves her husband very much and would do anything to have the charges against him dismissed.15
WHEREFORE, the foregoing considered, judgment is hereby rendered finding accused Allan Menaling guilty beyond reasonable doubt for the crime of qualified rape in Criminal Case No. 353-2006, for which he is sentenced to suffer the maximum penalty of reclusion perpetua.Appellant filed a Notice of Appeal on 21 December 2010.20
On the other hand, due to reasonable doubt, said accused is acquitted of the same crime in Criminal Case No. 354-2006.19ChanRoblesVirtualawlibrary
WHEREFORE, premises considered, the instant appeal is hereby DENIED. The Decision dated November 23, 2010 of the RTC, Branch 73, Olongapo City is AFFIRMED with MODIFICATION in that in addition to the maximum penalty of reclusion perpetua, accused-appellant Allan Menaling y Canedo is further ORDERED to pay private complainant AAA Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity, Seventy-Five Thousand Pesos (P75,000.00) as moral damages, and Thirty Thousand Pesos (P30,000.00) as exemplary damages.21ChanRoblesVirtualawlibraryAppellant filed the instant appeal. In a Resolution22 dated 11 November 2013, appellant and the Officer of the Solicitor General (OSG) were asked to file their respective supplemental briefs if they so desired. OSG manifested that it was adopting its brief filed before the appellate court23 while appellant filed his Supplemental Brief arguing that AAA's initial testimony regarding the rape incident is incredulous. Appellant asserts that AAA's narration that she was raped by her father in the presence of her mother is preposterous because no mother would keep quiet and act nonchalantly after having witnessed the abuse of her daughter. Appellant also points out that AAA's mother testified that she was in Batangas on the day of the alleged rape. Appellant also questions the actuations of AAA during the rape incident. Appellant asks why AAA did not scream or offer any resistance despite the proximity of her siblings at that time. Appellant stresses that AAA and BBB had the motive to falsely charge him because they feared him.24
Article 266-A. Rape; When and How committed. - Rape is committed -It is extant in the records that the prosecution has successfully proven beyond reasonable doubt that appellant had carnal knowledge of his twelve (12) year old daughter, AAA, through force and intimidation. AAA described the harrowing details of her experience, to wit:
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:x x x x
- Through force, threat or intimidation;
- When the offended party is deprived of reason or otherwise unconscious;
- By means of fraudulent machination or grave abuse of authority; and
- When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
Article 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
x x x x
The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:
- When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
Rape is a crime that is almost always committed in isolation or in secret, usually leaving only the victim to testify about the commission of the crime. Thus, the accused may be convicted of rape on the basis of the victim's sole testimony provided such testimony is logical, credible, consistent and convincing. Moreover, the testimony of a young rape victim is given full weight and credence considering that her denunciation against him for rape would necessarily expose herself and her family to shame and perhaps ridicule.29
PROS. PARCO- Q Do you know the accused in this case? A Yes, sir. Q Why do you know the accused in this case? A Because he was the one who did this thing to me. Q How is he related to you? A He is my father. Q Do you recall madam witness where you were (sic) on January 21, 2006 in the evening? A I was in the house. Q What were you then doing in the evening? A We were then sleeping. Q When you said "kami" who were these persons? A My mother and my siblings. Q When you were sleeping, what happened? A He woke me up. Q Who woke you up? A My father. Q The accused in this case? A Yes, sir. Q After you woke up, what happened? A He told me to remove my clothing but I refused, that's why he was the one who took off my clothes and he kissed me and inserted his organ to my organ. Q How did you feel when he inserted his organ to your organ? A I felt pain. Q Did you not shout? A No, sir I just cried. Q After that, what happened? A My mother woke up and she told me to transfer to the bed. Q Also on January 26, 2006 in the afternoon, do you recall any incident that happened to you? A Yes, sir. Q What was this incident? A The same incident as in January 21. Q What do you mean the same? A He again told us to sleep. My mother was not there and after that, he again did what he did to me the last time.27x x x x ATTY. GUILARAN- Q You testified that in the evening of January 26, 2006, you were sleeping then with your father and your mother and your other siblings? A Yes, Ma'am. Q What part of the house did you sleep on January 21, 2006 together with your father, your mother and your siblings? A On the bed. Q How many siblings do you have? A We are all 5, Ma'am. Q Plus your mother and your father, you are all seven (7)? A Yes, Ma'am. Q And you were sleeping in one bed, the 7 of you? A No, Ma'am. Q Where did you sleep then? A We slept on the bed with my mother, my younger sister and me. Q Three (3) of you slept in the bed? A Yes, Ma'am. Q Where were the others slept? A In the other bed. Q Do you want to impress this Court that your room has two beds? A Yes, Ma'am. Q How big is your room? A It's just a small room. Q Could you approximate the area of your room? A From that wall to this wall. Q And the beds are single? Single, Ma'am. Q Who slept at the other bed? A My three other siblings. Q Where did you[r] father sleep then? A Beside our bed. Q On the floor? A Yes, Ma'am. Q You testified that your father woke you up on January 21, 2006 and he instructed you to pull down your pants, where was your mother then? A She was sleeping on the bed because my father asked me to transfer to where he was then sleeping. Q He was sleeping on the floor beside the bed where you, your mother and your younger sister slept and you transferred. How big was the space where your father slept? A As big as the table, Ma'am. INTERPRETER- The witness is referring to the table in the courtroom which is about 2 meters by 1 meter. ATTY. GUILARAN- Q How did your father wake you up on January 21, 2006? A He slept on the bed where my three other siblings are sleeping and then he tapped my foot. Q What was your reaction when your father tapped your foot? A I was awakened. Q What did you do thereafter, when you were awakened by the tapping of your foot by your father? A I sat down. Q What did your father do after you sat down? A He called me to transfer to where he was sleeping. Q And you immediately heeded? A No, Ma'am. Q What did you do in refusing to the order of your father? A I cried. Q Loud? A No, Ma'am because he told me not to make noise. Q I thought, he only tapped your foot and you were awakened? A Yes, ma'am he tapped my foot and called for me to ask me to transfer. Q And you refused? A Yes, ma'am. Q You cried not loud? A Yes, ma'am. Q What happened? A He held my hands. Q Where was your mother? A She was sleeping. Q Beside you? A No, Ma'am. Q You were beside your sister? A Yes, ma'am. Q You were allegedly sexually assaulted by your father at the room of your mother and father and your siblings were sleeping? A Yes, Ma'am. Q For how long did the accused sexually assault you? A Maybe 5 to 6 minutes and my mother awakened. Q You did not tell your mother what your father did to you? A No, Ma'am I really want to tell her but I was afraid. Q Were you threatened by your father? A Yes, Ma'am. Q How? A He told me if I tell my mother and if he will be incarcerated 1 will also be detained and he will kill my mother. Q Where were your pants then when your mother was awakened? A Just below my knee. Q And your mother saw it? A Yes, Ma'am. Q And she did nothing? A Yes, Ma'am.28
We find unmeritorious appellant's defense of denial. Denial could not prevail over the victim's direct, positive and categorical assertion.39
Q And accused in this case, are you legally married? A No madam. Q You love him so much? A Yes. Q And you will do anything to help him so that the charges against him will be dismissed? A Yes. Q That will include telling lies? A I am not telling a lie. Q That will also be helping him that will also include forcing your daughter to recant her testimony? A Yes.38 (Emphasis supplied)
Endnotes:
* Additional Member per Raffle dated 21 March 2016.
1Rollo, pp. 2-21; Penned by Associate Justice Ramon R. Garcia with Associate Justices Amelita G. Tolentino and Dante Q. Bueser concurring.
2 Records, pp. 179-186; Presided by Presiding Judge Consuelo Amog-Bacar.
3 The victim's real name as well as the members of her immediate family is withheld to protect her privacy pursuant to People v. Cabalquinto, 533 Phil. 703 (2006).
4 Records, p. 1.
5 Id. at 179.
6 TSN, 16 March 2007, pp. 2-17.
7 Id.
8 TSN, 17 July 2007, pp. 2-12.
9 Records, p. 12.
10 TSN, 16 February 2007 pp. 3-5.
11 TSN, 8 June 2007, pp. 1-7.
12 Records, p. 104.
13 Records, p. 102.
14 TSN, 1 February 2008, p. 3.
15 TSN, April 2008, pp. 4-5.
16 TSN, August 2009, pp. 2-4.
17 TSN, 11 January 2010, p. 3.
18 Records, p. 132.
19 Id. at 185-186.
20 Id. at 189.
21Rollo, p. 20.
22 Id. at 27.
23 Id. at 32.
24 Id. at 37-44.cralawred
25 See People v. Paculba, 628 Phil. 662, 673 (2010).
26 Effective on 22 October 1997.cralawred
27 TSN, 16 March 2007, pp. 3-5.
28 Id. at 9-13.
29People v. Gallano, G.R. No. 184762, 25 February 2015.
30People v. Avero, 247-A Phil. 216, 221 (1988).
31People v. Espenilla, G.R. No. 192253, 18 September 2013, 706 SCRA 134, 147.
32People v. Alviz, 477 Phil. 188, 199 (2004).
33 See People v. Oydoc, 210 Phil. 214, 220-221 (1983) quoted in People v. Avero, supra note 30 at 220-221.
34People v. Aguilar, 643 Phil. 643, 656 (2010).
35People v. Sabal, G.R.No. 201861, 2 June 2014, 724 SCRA 407, 412 citing People v. Perez, 595 Phil. 1232, 1258 (2008).
36People v. Bulagao, 674 Phil. 535, 544 (2011) citing People v. Sumingwa, 618 Phil. 650, 663 (2009).
37People v. Teodoro, G.R. No. 175876, 20 February 2013, 691 SCRA 324, 344-345.
38 TSN, 18 April 2008, p. 5.
39People v. Sabal, supra note 35.cralawred
40 Section 2, A.M. No. 15-08-02-SC (Guidelines for the Proper Use of the Phrase "Without Eligibility for Parole" in Indivisible Penalties).
41People v. Gambao, G.R. No. 172707, 1 October 2013, 706 SCRA 508.
42People v. Vitero, G.R. No. 175327, 3 April 2013, 695 SCRA 54, 69.