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SECOND DIVISION G.R. No. 183453 : March 9, 2010 PEOPLE OF THE PHILIPPINES, Appellee, vs. DANILO PACULBA, Appellant. D E C I S I O N PEREZ, J.: On appeal is the Decision Appellant was charged with four (4) counts of qualified rape in the Informations which read as follows: Criminal Case No. 21-1220 That sometime in the month of June, 2002 at [xxx,xxx], Contrary to and in VIOLATION OF R.A. 8353 in relation to R.A. 7610. Criminal Case No. 21-1221 That sometime in the month of August, 2002 at [xxx,xxx], Lanao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused did then and there willfully, unlawfully and feloniously have carnal knowledge upon one [AAA], a minor 12 years of age and who is accuseds own daughter, against her will and consent, which acts of the accused debases, degrades and demeans the intrinsic worth and dignity of said child as a human being.chanroblesvirtua|awlibary Contrary to and in VIOLATION OF R.A. 8353 in relation to R.A. 7610. Criminal Case No. 21-1222 That sometime in the month of November, 2002 at [xxx,xxx], Lanao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused did then and there willfully, unlawfully and feloniously have carnal knowledge upon one [AAA], a minor 12 years of age and who is accuseds own daughter, against her will and consent, which acts of the accused debases, degrades and demeans the intrinsic worth and dignity of said child as a human being.chanroblesvirtua|awlibary Contrary to and in VIOLATION OF R.A. 8353 in relation to R.A. 7610. Criminal Case No. 21-1223 That sometime in the month of January[,] 2003 at [xxx,xxx], Lanao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused did then and there willfully, unlawfully and feloniously have carnal knowledge upon one [AAA], a minor 12 years of age and who is accuseds own daughter, against her will and consent, which acts of the accused debases, degrades and demeans the intrinsic worth and dignity of said child as a human being.chanroblesvirtua|awlibary Contrary to and in VIOLATION OF R.A. 8353 in relation to R.A. 7610.chanroblesvirtua|awlibary In addition, an Information was filed charging appellant with attempted rape. The accusatory portion reads: Criminal Case No. 21-1219 That on or about the 21st day of November[,] 2003, at [xxx, xxx], Lanao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused did then and there willfully, unlawfully and feloniously commence the commission of the crime of rape directly by overt acts, to wit: that while complainant [AAA], a minor 12 years of age and who is accuseds own daughter, was sleeping inside their house, the said accused removed her short pants and panty, placed himself on top of her without underwear, with the intention of having carnal knowledge of her, but did not perform all the acts of execution which should have produced the crime of rape as a consequence by reason of some cause or accident other than his own spontaneous desistance, that is, the timely awakening of said complainant who was able to push the accused and run away.chanroblesvirtua|awlibary CONTRARY to and in VIOLATION OF R.A. 8353 in relation to Article 6 of the Revised Penal Code and R.A. 7610. Appellant pleaded not guilty to all the charges. Trial on the merits ensued.chanroblesvirtua|awlibary Testifying for the prosecution, AAA, who was only twelve (12) years old at the time of the commission of the crimes, recounted all the harrowing details which transpired in June, August, November 2002, January 2003, and 21 November 2003. In the first four (4) occasions, AAA narrated that while she was sleeping inside her grandparents house during the night, appellant suddenly covered her mouth, removed her pants and panty, and placed his body on top of her. Appellant then allegedly inserted his penis into AAAs vagina and she felt pain. She, however, kept the incidents to herself out of fear. On the following morning, AAA, accompanied by CCC, went to report the incident first to the barangay captain and then to the police.chanroblesvirtua|awlibary AAA was subjected to a physical examination by Dr. Ava Liwanag on 3 November 2003. Her findings were contained in a medico-legal report which states:
cralawDuring the direct examination, Dr. Liwanag concluded that AAA had sexual intercourse on several times. Mrs. Amparo Baydal, the Municipal Civil Registrar of xxx, Lanao del Norte, testified on the genuineness of the entries in the certified true copy of AAAs birth certificate.chanroblesvirtua|awlibary The prosecution presented a certified true copy of AAAs birth certificate to show that she was born on 23 January 1980, and that her father is Danilo Paculba. On the other hand, appellant interposed alibi as his defense. He claimed that in June 2002, the date when the first rape was apparently committed, he lived in the house of a certain Nadong Tabias situated in Magsaysay, Lanao del Norte. In August 2002, appellant declared that he was in Cebu working as a quack doctor. In November 2002, he stated that he was in Malabang, Lanao del Sur. In January 2003, he purportedly went back to Magsaysay, Lanao del Norte. And on 21 November 2003, appellant said that he was living in the house of Baking Dumasig in Tangub, Lanao del Norte. He denied the accusations of AAA and intimated that the relatives of his deceased wife blamed him for the death of his wife, hence these cases were filed against him. Appellant was found guilty by the RTC of four (4) counts of rape and one (1) count of attempted rape. The dispositive portion of the decision reads: WHEREFORE, in view of the foregoing considerations, judgment is hereby rendered:
cralawThe trial court gave full credence to the testimony of AAA and found her answers to be "simple and candid, and were all reinforced and sufficiently explained by succeeding ones." In view of the penalty imposed, the case was elevated to this Court for review. However, conformably with our decision in People v. Mateo, The Court of Appeals affirmed with modification the judgment of the trial court, viz: WHEREFORE, in light of the foregoing, the Decision dated December 29, 2004 of the Regional Trial Court, 12th Judicial Region, Branch 21, Kapatagan, Lanao del Norte, is hereby AFFIRMED with MODIFICATIONS. Accused-appellant Danilo Paculba is SENTENCED to the penalty of reclusion perpetua with no possibility of parole for each of the four (4) counts of qualified rape committed against AAA in Criminal Case Nos. 21-1220, 21-1221, 21-1222 and 21-1223. Accused-appellant is further ORDERED to indemnify AAA for each count of qualified rape, in the amounts of For the crime of attempted rape committed against AAA in Criminal Case No. 21-1219, accused-appellant is hereby SENTENCED to an indeterminate penalty of two (2) years, four (4) months and one (1) day of prision correccional as minimum, to eight (8) years and one (1) day of prision mayor as maximum. In addition, accused-appellant is ORDERED to indemnify AAA for the crime of attempted rape, in the amounts of The appellate court found AAAs testimony credible and consistent with the medical findings that she was raped. Appellant filed a notice of appeal on 29 May 2008.chanroblesvirtua|awlibary In the Resolution of 27 August 2008, this Court gave due course to the appeal and ordered the respective parties to file their supplemental briefs. In his brief, appellant essentially questions the credibility of AAA. He argues that AAAs account of each rape was devoid of any distinctive detail which would render her testimony spontaneous and candid. The Office of the Solicitor General, in its brief, vouches for the credibility of AAA. Furthermore, it belies appellants defense of denial because it was not corroborated by any other witness. The lone issue to be resolved by this Court is whether appellants guilt has been proven beyond reasonable doubt.chanroblesvirtua|awlibary We completely agree with the findings of the Court of Appeals, particularly on the credibility of the rape victim.chanroblesvirtua|awlibary In a prosecution for rape, the victims credibility becomes the single most important issue. For when a woman says she was raped, she says in effect all that is necessary to show that rape was committed; thus, if her testimony meets the test of credibility, the accused may be convicted on the basis thereof. The rule is settled that the trial courts findings on the credibility of witnesses and of their testimonies are entitled to the highest respect and will not be disturbed on appeal, in the absence of any clear showing that the court overlooked, misunderstood or misapplied some facts or circumstances of weight and substance which would have affected the result of the case. This is because the trial court, having seen and heard the witnesses themselves, and observed their behavior and manner of testifying, is in a better position to decide the question of credibility. In this case, the test of credibility for a rape victim was more than sufficiently met.chanroblesvirtua|awlibary The lower court lent full credence to AAAs testimony that appellant raped her on four occasions and attempted to rape her on 21 November 2003. AAA testified in a clear, spontaneous and candid manner. AAA categorically testified that her father sexually abused her, thus:
cralawAAA's testimony regarding the subsequent rapes in August and November 2002, and January 2003 was also of the same import. Appellant seeks to destroy AAAs credibility by assailing her testimony for lack of details as to how rape was committed. In People v. Alipio, Article 335 of the Revised Penal Code, as amended by Section 11 of Republic Act No. 7659, provides in the first paragraph as follows: When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances:
The crime of rape shall be punished by reclusion perpetua.chanroblesvirtua|awlibary First, AAA testified that appellant had sexual intercourse with her. Her testimony was supported by the medical certificate issued and testified on by Dr. Liwanag. Hence, the element of carnal knowledge is present in this case.chanroblesvirtua|awlibary Second, force or intimidation was employed by appellant and he succeeded in having carnal knowledge of AAA. AAA testified several times that she was afraid of her father. Appellant was able to effectively intimidate and threaten AAA to submit to his will because he wields moral ascendancy over her. As aptly put by this Court in People v. Sandico: x x x force and intimidation necessary in rape is naturally a relative term, depending not only on the age, size and strength of the parties, but also on their relation to each other. Considering that the assailant is no less than complaining witness own father who wields parental influence over her person, the crime undoubtedly was consummated with facility. The reason is that in rape committed by a father against his own daughter, the formers moral ascendancy over the latter substitutes for violence or intimidation. A rape victims actions are oftentimes overwhelmed by fear rather than reason. It is this fear, springing from the initial rape, that the perpetrator hopes to build a climate of extreme psychological terror which would, he hopes, numb his victim into silence and submissiveness. Incestuous rape magnifies the terror because the perpetrator is the person normally expected to give solace and protection to the victim. Furthermore, in incest, access to the victim is guaranteed by the blood relationship, proximity magnifying the sense of helplessness and degree of fear. Alibi is an inherently weak defense and can easily be fabricated. Appellant noted a discrepancy on the dates provided in the documentary evidence presented by the prosecution. The alleged date of the last crime of attempted rape was committed on 21 November 2003. On the other hand, AAA underwent medical examination presumably after the attempted rape but the date indicated in the medical report was 3 November 2003. Indeed, there seems to be an error in specifying the dates. At any rate, errors or inconsistencies as to the exact time or date or day of the week when the rape was consummated do not impair the credibility of the complaining witness, for as long as there is consistency in relating the principal occurrence and positive identification of the assailant. Paragraph 7(1) of Article 335 further provides that: The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances: 1. 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.chanroblesvirtua|awlibary Minority and relationship qualify the crime of rape. These circumstances were properly appreciated by the courts. AAAs birth certificate clearly shows that she was twelve years old at the time of the incident and that appellant is her father. Relationship between father and daughter was already stipulated by the parties during pre-trial. The supposed erasures made on the birth certificate are too trivial to deserve consideration. Nonetheless, the local civil registrar explained that they ran out of forms so they instead used an old form. Finally, appellant imputes ill motive on the part of AAAs relatives in filing the present case against him. Motives such as family feuds, resentment, hatred or revenge have never swayed this Court from giving full credence to the testimony of a rape victim. Also, ill motives become inconsequential if there is an affirmative and credible declaration from the rape victim, which clearly establishes the liability of the accused. The Court of Appeals correctly reduced the death penalty to reclusion perpetua for each count of rape in Criminal Cases No. 21-1220, No. 21-1221, No. 21-1222, and No. 21-1223. The passage of Republic Act No. 9346, debars the imposition of death penalty without however declassifying the crime of qualified rape as heinous.chanroblesvirtua|awlibary Likewise, the Court upholds the appellate courts award of damages.chanroblesvirtua|awlibary WHEREFORE, in view of the foregoing, the decision of the Court of Appeals finding appellant DANILO PACULBA guilty of qualified rape in Criminal Cases No. 21-1220, No. 21-1221, No. 21-1222, and No. 21-1223, and attempted rape in Criminal Case No. 21-1219, is AFFIRMED in toto. SO ORDERED. JOSE PORTUGAL PEREZ WE CONCUR: ANTONIO T. CARPIO
ROBERTO A. ABAD A T T E S T A T I O N I attest that the conclusions in the above Decision were reached in consultation before the case was assigned to the writer of the opinion of the Courts Division. ANTONIO T. CARPIO C E R T I F I C A T I O N Pursuant to Section 13, Article VIII of the Constitution, and the Division Chairpersons Attestation, it is hereby certified that the conclusions in the above Decision were reached in consultation before the case was assigned to the writer of the opinion of the Courts Division. REYNATO S. PUNO cralaw Endnotes:
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