People Vs Soriano
People Vs Soriano
SYNOPSIS
Appellant was found guilty by the trial court of four (4) counts of rape through
sexual intercourse perpetrated against his eleven-year old daughter and was
sentenced to suffer the penalty of death for each count. Appellant was likewise
found guilty by the trial court of twelve (12) counts of rape through sexual
assault.
The Supreme Court ruled that in rape cases the accused may be convicted solely
on the testimony, as and when sufficiently credible, given by the rape victim. In
the case at bar, the spontaneity with which the victim has detailed the incidents,
the tears she has shed at the stand while recounting her experience, and her
consistency almost throughout her account dispel insinuations of a rehearsed
testimony. Her eloquent testimony, coupled with the medical findings attesting to
her recent non-virgin state, should be enough to confirm her claim that she has
truly been raped by her own father.
SYLLABUS
1.REMEDIAL LAW; EVIDENCE; CREDIBILITY OF WITNESSES; RAPE VICTIM'S
TESTIMONY, IF CREDIBLE, MAY WARRANT CONVICTION OF ACCUSED. — It is
well-settled that in rape cases the accused may be convicted solely on the
testimony, as and when sufficiently credible, given by the rape victim. The
spontaneity with which Maricel Soriano has detailed the incidents, the tears she
has shed at the stand while recounting her experience, and her consistency
almost throughout her account dispel insinuations of a rehearsed testimony. Her
eloquent testimony, coupled with the medical findings attesting to her recent
non-virgin state, should be enough to confirm her claim that she has truly been
raped by her own father. Not to be taken lightly is the evaluation made by the
trial court in giving credence to her testimony. In criminal cases of this nature,
the only evidence that can really be offered to establish the guilt of the accused,
more often than not, is the testimony of the complainant herself. HDIATS
DECISION
PER CURIAM : p
For automatic review is the judgment of the Regional Trial Court ("RTC"), Branch
6, of Baguio City, dated 21 February 2000, imposing, among other penalties,
multiple death sentences on Camilo Soriano for the crime of rape, on several
counts, perpetrated against his own 11-year old daughter.
Four Informations for statutory rape through sexual intercourse said to have
been committed on 15 October 1998, 28 October 1998, and twice on 29 October
1998, all similarly worded, except for the different dates of commission, thusly —
"That on or about the 15th day of October 1998, in the City of Baguio,
Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, did then and there willfully, unlawfully, and
feloniously have carnal knowledge of his daughter Maricel Soriano, a
minor, eleven years of age, against her will and consent" 1 —
"That on or about the 14th day of October, 1998, in the City of Baguio,
Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused did then and there willfully, unlawfully and
feloniously insert his finger inside the private organ of Maricel Soriano y
Espino, his daughter who is a minor, 11 years of age, against her will
and consent" 2 —
When arraigned, the accused pled not guilty to all the charges.
From the prosecution's version of the case, sometime in 1982, Leonora Espino
and her husband, with whom she had four children, went on separate ways. Two
years later, she began to live with accused Camilo Soriano, the scion of the
household where she worked as a housemaid. Whether or not Leonora was
ultimately married to the accused remained unclear although, from her
testimony, it might be possible that she had merely cohabited with him.
According to the accused, however, he married Leonora on 23 July 1984. The
birth certificate of Maricel Soriano did indicate that her parents, Leonora and
Camilo were married to each other, not on 23 July 1984 but on 24 April 1984.
Leonora had eight children with the accused but only four survived — Michael,
private complainant Maricel who was born on 22 February 1987, Leonard and
Marilou. The familial bliss was interrupted when, on 13 December 1991, Camilo
Soriano was confined at the Lingayen Provincial Jail in Pangasinan for the murder
of a cousin of Leonora. Determined to keep her family intact, Leonora stayed
with Camilo inside the prison premises with her four children in tow. On 29
October 1993, upon his conviction, Camilo Soriano was transferred to the
National Penitentiary at Muntinlupa, leaving his family behind, this time in Baguio
City. Since then, it was Leonora who fended for her brood, struggling to earn a
living by washing clothes and selling cosmetics and underwear.
At the trial, Maricel Soriano gave further details. She testified that on the night of
14 October 1998, there was a power failure at her house at Teachers Camp in
Baguio City where she was staying with her brother Leonard, her sister Marilou,
and the accused. Her elder brother Michael had gone with her mother to La
Union. That night, Maricel, Marilou and Leonard, slept on the lower deck of the
bed together with the accused while her stepbrother occupied the upper deck by
himself. At about ten o'clock that evening, the accused told Leonard and Marilou
to move to the other end of the bed. Soon, the accused started kissing her on
the lips. He undressed her and sucked her breast. He also sucked and fingered
her vagina. She felt pain, and she cried. Her younger brother and sister also
cried with her while they helplessly looked on. The power failure continued the
next day. On the evening of 15 October 1998, the accused again undressed the
private complainant, kissed her cheeks, breasts, and her vagina. Her father
asked her to spread her legs. She resisted by trying to close her thighs but he
forced them open. She tried to shout but he covered her mouth. He went on top
of her and inserted his penis into her vagina. Her brother and sister were crying
at the rear end of the bed, vainly trying to pull her away but they were no match
for the accused. His lust sated, the accused went to sleep. During the entire
time, her older stepbrother was sleeping at the upper deck, seemingly oblivious
to the monstrosity happening below him.
The arrival of his common-law wife from La Union did not deter the accused
from his perversity, not even when Leonora had returned to her original place at
the first deck beside him. For fear that her younger siblings who were staying at
the upper deck with her would fall to the floor, Maricel stayed at the edge of the
upper bunk. While the rest of the household slept, the accused rose from bed
and lasciviously reached for the private complainant on the second deck and
inserted his finger into her vagina. This perversion would continue every day
until the early morning of 29 October 1998. On 28 October 1998, Leonora left
the house following an altercation with the accused. That night, the accused
asked Maricel to sleep with him on the lower deck where again the accused
ravished her by inserting his penis into her vagina. Not satisfied, he would repeat
the lewd act twice, before the onset of dawn, at one o'clock and then again at
three o'clock that morning of 29 October 1998.
Michael Soriano, the elder brother of Maricel, testified that his younger brother
Leonard had earlier told him, "Kuya Michael, our father is doing something bad
to our sister Maricel." Forewarned, Michael became more observant. On the
night of 28 October 1998, Michael tried not to sleep and to remain watchful, but
the accused had barred the door and would not let anyone inside the bedroom.
Still Michael was able to get a peep through a hole in the door. From his vantage
point, he could only see half of the bedroom and only half of the lower deck of
the bed. Despite his limited view, Michael was able to see his father, fully clothed
in a red T-shirt and black pants, on top of his crying sister, who was lying flat on
the floor. The latter was struggling to stand up but the accused held her breasts,
and held her down. When he saw his father on top of Maricel, Michael hurried to
Sister Neneng, who was then at the second floor of the house. The husband of
Neneng told him to return downstairs. When he returned, he saw that the
accused had already gone out of the room. When Michael entered the room
Maricel was back at the upper deck of the bed.
"FINDINGS: . . .
"Genital:
"Conclusion:
At the stand, the accused raised the defense of denial and alibi. He claimed that
he could not have committed the bestial acts against his daughter because he
loved her very much. He asseverated that the complaints were filed against him
at the instigation of his wife, who had a paramour and had incited her daughter
to twist the truth in order to be able to get out of the relationship with him. He
presented before the court a love letter addressed to Leonora and authored by a
certain Tony Penullar, a fellow inmate at the provincial jail, which was
intercepted by Maricel and handed over to him. The accused admitted that while
Leonora was in La Union, he had occupied the lower deck with his two
daughters. When his wife arrived, the four — he, Leonora, Maricel and then
Marilou — slept "side by side." He denied having been awake in the early
morning of 29 October 1998, his waking hour being 6:00 in the morning. Upon
getting up, he prepared food for the children.
On 21 February 2000, the Regional Trial Court Branch 6 of Baguio City, rendered
its decision finding the accused guilty as charged and so decreeing the penalties
therefor —
"1.In Criminal Case Nos. 16125-R, 16126-R, 16140-R, and 16141-R, the
Court finds accused Camilo Soriano guilty beyond reasonable doubt of
the offense of Rape (carnal knowledge of his 11 year-old daughter
Maricel Soriano) as defined and penalized under letter (d) paragraph 1
of Article 266-A of R.A. 8353 with the qualifying circumstance under
number 1 of Art. 266-B of Republic Act 8353 that the victim is under 18
years old of age and the offender is a parent as charged in the
Informations and hereby sentences him to the supreme penalty of
DEATH in each of the four (4) cases; to indemnify the offended party
the sum of P50,000.00 in each of the 4 cases without subsidiary
imprisonment in case of insolvency and to pay the costs of the suit in
each of the 4 cases; and
The death penalty having been imposed, the conviction of the accused is now
before the Court for an automatic review. In his brief, appellant contends that –
"Prosecutor Vergara:
"Q.Now, will you please describe to us how your father fingered your
vagina on the night of October 14, 1998?
"Q.Which finger?
"Court Interpreter:
"Prosecutor Vergara:
"Q.And aside from that, what else happened on that night of October
14, 1998?
"Q.When your father was doing that to you, what did you do?
"A.I was just crying, sir.
"A.After he did that to me, I put on my dress and he put on his dress
and we slept.
"Q.While your father was inserting his finger into your vagina, what did
you feel?
"COURT:
"Q.You are telling this Court then that your father, your brother and
sister and you were all sleeping in one room?
"Court:
Continue
"Prosecutor Vergara:
"Q.Now, on that night of October 14, 1998, while your father was doing
that to you, what were your brother and sister doing?
"Court:
"A.From the window of the courtroom up to the edge of the witness box
and from the wall to the left up to the wall to the right.
"Court Interpreter:
"Q.Aside from you, who else was sleeping on the lower deck on the
night of October 14, 1998?
"Q.So yourself, your brother, and your sister and your father, the four of
you slept on the lower deck in your room on that night of October
14, 1998?
"A.Yes, sir.
"Q.And who was with you on the lower deck of that double deck bed
inside the room before your father kissed your lips on that night
of October 14, 1998?
"Q.And how was he able to kiss you, undress you and do what you said
your father did to you on that night of October 14, 1998 when
you were sleeping on that lower deck of the bed with your
brother and sister aside from your father?
"A.Yes, sir.
"Court:
"A.We were at the other end of the bed and he asked them to go to the
other end of the bed.
"Court:
Continue.
"Prosecutor Vergara:
"Q:How about on the upper deck, who slept there on that night of
October 14, 1998?
"AMy stepbrother." 6
"A.He first kissed me and then undressed me and he inserted his penis
into my vagina.
"A.My vagina.
"Q.And you said your father undressed you, which clothing that you
were wearing on the night of October 15, 1998 did he remove?
"Q.And you said your father inserted his penis into your vagina, will you
describe to us how he did that?
"Q.What was the position of your body aside from your legs open?
"Q.Face up?
"A.Yes, sir.
"Q.When your father told you to spread your legs, did you spread your
legs?
"Q.Aside from trying to close your legs, what else did you do if any?
"Q.Aside from trying to push him, what did you do, if any?
"Q.Now, you said your father spread your legs apart and inserted his
penis into your vagina on that night of October 15, 1998. When
your legs were already spread apart, will you describe to us how
your father inserted his penis into your vagina?
"Q.What did you feel in your vagina when your father went on top of
you?
"Q.You said you felt pain when he inserted his penis into your vagina,
when you felt pain, what did you do?
"Court:
How about your brother and sister, where were they at this time?
"Atty. Cariño:
"Prosecutor Vergara:
"Q.With that situation that your brother and sister were at your paanan,
which you mentioned in tagalog, what else did they do, if any,
aside from crying?
"Q.Your stepbrother?
"QBy the way, on the night of October 15, 1998, do you know if your
stepbrother was awakened?
"Atty. Cariño:
"Court.
"A.My father.
"Q.Aside from kissing your neck and fingering your vagina, what else did
he do that night of October 16, 1998?
"Court Interpreter:
"Q.When your mother and brother Michael arrived already in the night of
October 17, 1998 in your house at Teachers' Camp, what
happened?
"A.None sir.
"Q.Now, while you were sleeping on the night of October 17, 1998 at
your house at Teachers' Camp, what happened?
"Court:
"Q.Are you telling the Court that on the night of October 17, when your
mother was already there sleeping with you in that room, your
father still kissed your lips and mashed your breasts?
"A.Yes, sir, whenever he wakes up early in the morning and wash the
dishes and cooks, my father will do that to me, he will kiss me
and suck my breast.
"Q.You are telling the Court then that on the night itself of October 17,
when your mother was there already sleeping with you, your
father did not do anything but the next morning, when your
mother would wake up early to wash the dishes, that is the time
your father would do that? Is that what you are saying?
"Prosecutor Vergara:
"Q.So you are referring to the early dawn of October 18, 1998 that while
your mother was asleep, your father kissed you, sucked your
breast and fingered your vagina?
"A.Yes, sir." 9
"Q.So how about during the early dawn of October 19, 1998 while you
were asleep at your house at Teachers' Camp, what happened?
"A.Yes, sir.
"Q.And how did your father insert his finger into your vagina during the
early dawn of October 18, 1998 with your clothes on?
"Court:
"Q.How was your father able to do this when by that time, your mother
was already there as she had already arrived earlier by October
17?
"Court:
But you have only one room you said and a bed, are you telling
this Court that when your father did this to you on October 19,
your mother was asleep in the same bed where your father was
doing this to you?
"A.My mother and my father sleep on the floor while I sleep at the first
deck.
"Court:
So you are telling this Court that you have a double-deck bed
inside that room and your father and mother sleeps on the floor
while you sleep with your sister and brother on the first deck and
your stepbrother sleeps on the second deck. Is that what you are
trying to explain to the court?
"A.Like this sir, we have a double deck bed, my father and mother
sleeps at the lower deck while we sleep at the upper deck.
"Court:
Continue.
"Pros. Vergara:
"A.Yes, sir.
"Q.Where?
"Q.Now, do you remember what time of the night your father kissed
you, mashed your breast and inserted his finger to your vagina
on the night of October 19, 1998?
"A.It was early in the morning sir. I do not know the time.
"Q.So it was actually during the early morning of October 20, 1998?
"A.Yes, sir.
"Q.Will you tell us how your father kissed you, sucked your breast and
inserted his finger into your vagina during the early morning of
October 20, 1998?
"Prosecutor Vergara:
"Q.Will you tell us how your father made that 'romansa' to you during
the early morning of October 20, 1998?
"A.He mashed my breast and fingered my vagina.
"Court Interpreter:
"Prosecutor Vergara:
"Q.And how did he do that when you were sleeping on the upper deck
of the double deck during the early morning of October 20, 1998?
"Q.How about your brother and sister who were sleeping with you on
the upper deck, what did they do when your father was doing
that to you on the early morning of October 20, 1998?
"Court Interpreter:
"Q.And what did you feel when your father inserted his finger into your
vagina on that early morning of October 20, 1998?
"A.Yes, sir.
"Pros. Vergara:
"Q.And after your father kissed you, mashed your breast and inserted
his finger into your vagina on that early morning of October 20,
1998, what did you do?
"Q.On that early morning of October 20, 1998, while your father was
doing that to you, did you move?
"A.Yes, sir.
"Court:
"Q.Since at this point, your mother was already there, why did you not
shout?
"Pros. Vergara:
"Q.On the following night of October 20, 1998, while you were asleep,
what else happened if any?
"Q.What happened during the early morning of October 21, 1998 while
you were asleep at your house at Teachers' Camp?
"A.The same sir, he kissed me and fingered my vagina. That is what he
is always doing.
"Q.What part of your body did your father kiss during the early morning
of October 21, 1998?
"Q.And you said on that early morning of October 21, 1998, your father
inserted his finger into your vagina, which finger did he use in
fingering your vagina?
"Court Interpreter:
"Pros. Vergara:
"Q.And where were you lying down when your father did that?
"Q.How did you know that it was your father who did that to you on the
early dawn of October 21, 1998?
"Q.And what did you feel when your father inserted his finger into your
vagina in the early morning of October 21, 1998?
"A.Yes, sir.
"Q.How about your panty?
"A.He removes it, sir. But my panty is not totally removed, it is lowered
up to my knee." 12
"Q.And with that situation, during the early morning of October 22,
1998, how did your father mash your breast and insert his finger
into your vagina?
"Q.And when he inserted his finger into your vagina on that early
morning of October 22, 1998, what did you feel?
"A.No, sir.
"Court:
So that the Court can also visualize what you are describing and
narrating, since you said the bed is a double-decked bed and the
lower deck is where your mother and father sleep and the upper
deck is where you, your sister and your brother sleep, how high is
the upper deck of the bed, so that we can see or at least
visualize. From the floor, how high is the upper deck?
"Atty. Cariño:
With the demonstration of the witness your Honor, I would
manifest that the upper deck and the lower deck has a distance
between them of about 1-1/2 feet." 13
"Q.Now, on the night of October 23, 1998, will you please tell us what
happened?
"A.That night my father sucked my breast and inserted his finger into
my vagina.
"Q.And how did your father suck your breasts when you were wearing
your T-shirt?
"Q.When your father raised your T-shirt, how did he suck your breasts?
"Q.And how did he insert his finger into your vagina after pulling down
your shorts and panty?
"A.None, sir. I did not make him aware that I was crying.
"Q.And why did you not make him aware that you were crying because
of what he did?
"Q.Will you tell us what happened during the early dawn of October 24,
1998?
"A.The same, sir. He sucked my breasts, put his finger into my vagina
and he kissed my neck.
"Q.Now, do you remember the time when your father did that to you
during the early dawn of October 24, 1998?
"Q.And will you please tell us who were present in your house when
your father did that to you?
"Q.Now, you said that on that early dawn of October 24, 1998, your
father kissed you, sucked your breasts and inserted his finger into
your vagina. What were you wearing at that time?
"Q.How did he suck your breasts when you were wearing your T-shirt?
"Q.And when your father kept on raising your T-shirt and pulling down
your pants and your panty, what else did you do?
"Q.Will you tell us what happened during the early dawn of October 25,
1998 while you were in your house?
"A.In the early dawn of October 25, 1998 while I was sleeping, I was
awakened because I felt my father sucking my breasts. And when
I moved, he left.
"Q.And how did your father suck your breasts when you were wearing
those things?
"Q.And how did your father do that when you were wearing a skirt?
"A.Yes, sir.
"Q.After your father pulled down your panty, what did he do next?
"A.He inserted his finger into my vagina sir (witness again showing her
right forefinger)." 16
"Q.How about on the following night of October 25, 1998? Was there an
unusual incident that happened there in your house?
"A.Yes, sir.
"Q.What time was that on the night of October 25, 1998 when that
happened?
"A.I cannot remember the time, sir. I did not look at the clock.
"Q.Now, what were you wearing at that time during that early dawn of
October 26, 1998 when your father inserted his finger into your
vagina, sucked your breasts and kissed your neck?
"Q.You said you were wearing T-shirt and pants. How did your father
suck your breasts when you were wearing a T-shirt?
"Q.And how did he insert his finger into your vagina when you were
wearing your shorts and panty?
"Q.After he pulled down your shorts and your panty, what did your
father do?
"A.That was the time when he inserted his finger into my vagina, sir.
"Q.And what did you feel when your father inserted his right forefinger
into your vagina?
"A.I turned my back and put on my shorts and panty. And I cried, sir.
"Q.And when you turned your back and then put on your clothes and
you cried, what did your father do?
"Q.On the following night of October 26, 1998, was there any unusual
incident that happened to you in your house?
"A.My father again sucked my breasts, put his finger into my vagina and
he kept on kissing me.
"Q.Do you remember the time of the night on October 26, 1998 when
your father did that to you in your house?
"A.No, sir.
"Q.So this incident now that you are referring to is in the early dawn of
October 27, 1998?
"A.Yes, sir." 18
"Q.Now, did your mother sleep in your house that night of October 28,
1998?
"Q.Do you remember the time when your father quarreled with your
mother on that night of October 28, 1998?
"Q.And what time did you sleep that night of October 28, 1998 in your
house?
"Q.Were you awakened on that night of October 28, 1998 from your
sleep?
"xxx xxx xxx
"A.Yes, sir.
"Q.How did your father carry you from the upper deck to the lower
deck?
"A.He pulled me. Then he put his arms on my back and my legs, then he
put me on the lower deck, sir.
"Q.What were you wearing at that time when he carried you and put
you to the lower deck?
"A.I was wearing a dress with a zipper that goes down up to the hem.
"Q.And when he put you down to the lower deck, what did you do?
"Q.Then what happened after he was able to put you down to the lower
deck of the bed?
"Q.After he was able to remove your clothes and your panty, what
happened next?
"Q.What was the position of your body at the lower deck of the bed
when he did that?
"Q.And when your father spread your two legs, what did he do next?
"Q.And what did you feel when he was inserting his penis into your
vagina?
"Q.What did your father do aside from inserting his penis into your
vagina?
"Q.Now, while your father was inserting his penis into your vagina, what
was the position of his left and right hands?
"A.They were put on the mattress like this, sir (witness demonstrating
with her two hands spread apart)." 19
"Q.After your father did that to you, what else did he do?
"A.No more, sir. After that I went to my bed. And at about [one] o'clock
he again carried me and brought me to the bed of my mother.
"Q.That was, as you said, about [one] o'clock in the early dawn of
October 29, 1998?
"A.Yes, sir.
"Q.You said your father put you again to the bed of your mother. Was
he able to bring you down from the upper deck and put you on
the bed of your mother?
"A.Yes, sir.
"Q.And after your father was able to bring you down to the bed of your
mother at about [one] o'clock in the morning of the early dawn of
October 29, 1998 in your house, what happened next?
"A.He again undressed me and put his penis into my vagina, sir.
"Q.You were then wearing the same clothing where the zipper goes
down to the hem?
"A.Yes, sir.
"A.Yes, sir.
"Q.After he was able to put you down to the bed of your mother, before
he inserted his penis into your vagina, what happened to your
clothes and your panty?
"Q.What was the position of your body on the bed of your mother on
that early dawn of October 29, 1998?
"Q.Aside from spreading your legs, what else did your father do?
"A.He inserted his penis into my vagina, sucked my breasts and kissed
my neck.
"Q.What was the position of his body when he inserted his penis into
your vagina?
"A.They were on the mattress like this, sir. (witness demonstrating with
her two hands spread apart.)
"Q.And what did you feel when your father inserted his penis into your
vagina?
"Q.While you were asleep during that early dawn of October 29, 1998
after what your father did to you at about [one] o'clock in the
morning, was there anything else that happened?
"A.Yes, sir. At about [three] o'clock my father carried me again and put
me on the lower deck of the bed on the bed of my mother.
"Q.And when your father carried you and put you again on your
mother's bed at about [three] o'clock in the morning of October
29, 1998 in your house, what happened?
"A.I tried to close my legs and stretch them. But he forced my legs
open.
"Q.Aside from trying to close your legs and trying to stretch them, what
else did you do?
"Q.What about your father? When you dressed up, what did he do?
"Q.What else happened on that early dawn of October 29, 1998 after
that [three] o'clock in the morning incident?
"Q.By the way, you mentioned that the two incidents of October 29,
1998 during the early dawn happened at about [one] o'clock in
the morning and the other at about [three] o'clock in the
morning. How were you able to determine the time?
Appellant smugly stated that while in prison, and even more so after his
discharge therefrom, there had been no dearth of females willing to satisfy his
sexual urges, implicitly saying, in effect, that he could not have been so sexually
deprived as to vent his lust upon his own minor daughter. It is not for this Court
to delve into personal motives or strive to understand the inner workings of the
minds of malefactors; it is enough that positive evidence is not wanting on the
authorship of the crime.
Appellant calls our attention of the small space of the family room and the
constant presence of the members of the family that would make the
commission of the crime most unlikely. Time and again it has been said that lust
is no respecter of place and time. Indeed, it would seem that a pervert can give
vent to bestial impulses without much thought to decency.
The prosecution filed a total of 13 cases for rape through sexual assault, one of
which was Criminal Case No. 16129-R where it was alleged, on 17 October 1998,
that appellant inserted his finger in the genitalia of Maricel Soriano. In her
testimony, however, Maricel clarified that no rape on said date occurred, but that
she was actually referring to the rape committed against her on the early dawn
of the following day of 18 October 1998 —
"Q.You are telling the Court then that on the night itself of October 17
when your mother was there already sleeping with you, your
father did not do anything but the next morning when your
mother would wake up early to wash the dishes, that is the time
that your father would do that? Is that what you are saying?
"A.No, sir, on the following morning at dawn, when my father will wake
up and wash dishes and he cooks, and after he washes and
cooks, he kisses my breast and finger me and while my mother
was asleep.
"Q.So you are referring to the early dawn of October 18, 199(8) that
while your mother was asleep, your father kissed you, sucked
your breast and fingered your vagina?
"A.Yes, sir." 24
Hence, of the thirteen informations for rape through sexual assault filed against
appellant, only twelve were clearly proved.
All told, the evidence would establish beyond reasonable doubt that appellant
indeed committed rape by sexual intercourse against private complainant on four
separate occasions once on 15 October, another on 28 October, and twice on 29
October, 1998, and rape through sexual assault in twelve instances on 14, 16,
18, 19, 20, 21, 22, 23, 24, 25, 26 and 27 October, 1998.
Republic Act No. 8353, also known as the Anti-Rape Law of 1997, expanding the
definition of the crime of rape and reclassifying the offense as a crime against
persons, provides —
"1)By a man who shall have carnal knowledge of a woman under any of
the following 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.
"3)When the rape is committed in full view of the spouse, parent, any of
the children or other relatives within the third civil degree of
consanguinity.
Three Justices of the Supreme Court maintain their position that the law, insofar
as it prescribes the death penalty, is unconstitutional; nevertheless, they submit
to the ruling of the majority to the effect that the law is constitutional and that
the death penalty could be imposed by the Court.
SO ORDERED.
Sandoval-Gutierrez, J., is on leave.
Footnotes
1.Rollo, p. 12.
2.Rollo, p. 17.
5.Rollo, p. 80.