Subject: Persons and Family Relations

Topic: Effects of Parental Authority - Arts 220-226 FC

Jazerel Han D. Salurio
_________________________________________________________________________________

G.R. No. 127356. June 29, 1999

PEOPLE vs. SILVANO
PER CURIAM

Facts:

The father, Silvano had been sexually abusing her daughter since he was 13 years old. A few
days after she turn 16, and on the pretense of punishment for coming home late, the father raped his
daughter. She went to school the next day and did not come home for two weeks until she reported the
incident to the authorities.

When charged before the court, appellant denied the accusation and prefaced such denial with
the assertion that he is giving her financial, material and educational support.

Issue:

Whether or not the appellant’s action is justified by the fact that he provides support and that such
action was a form of punishment.

Ruling:

No, appellant’s action is not justified by the fact that he provides support and that such action was
a form of punishment.

It is the duty of the parents to give their children their love and affection, advice and counsel,
companionship and understanding; and to keep them in their company, to support, educate and
instruct them by right precept and good example. Although the Family Code recognizes the parents
rights and duties to impose discipline on their unemancipated children, it does not authorize them to
force their offspring to copulate with them under the mask of discipline, or invade their honor and
violate their dignity nor does it give them the license to ravish the product of their marital union.

Here, the appellant’s excuse regarding support is non-sequitur. The fact that he supports her does
not give him the license to rape her. It is his obligation to give support to her daughter as provided in
Article 195(2,3) as well as his right and duty under Article 220(1) of the Family Code. The daughter’s
testimony that the appellant told her that she will be punished for coming home late at night and the
punishment is to have sex with him. This ratiocination is the product of a sick mind of an equally sick
parent who does not deserve to be such. Appellants way of punishment comes not in the form of
correction but of an insane sexual gratification. Sex with ones own child is per se abhorrent and can
never be justified as a form of parental punishment.
 Republic of the Philippines
SUPREME COURT
Manila

EN BANC

[G.R. No. 127356. June 29, 1999]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DAVID SILVANO y

HAYAG, Accused-Appellant.

DECISION

PER CURIAM:

It is not for human to ravish what they produced. The rape committed by a father
against his own daughter regardless of whether it is done under the cloak of parental
discipline has no place in our society. That is why, it is considered as a heinous felony
meted with the supreme penalty of termination of the assailant's life. For indeed those
who lust must not last.

Once again the Court is saddled with another nightmare of lustful and incestuous
defloration committed by one from whom the victim expects protection. The facts
given credence by the trial court and quoted by both the prosecution (with page
reference) and the defense in their respective Briefs, which are ably supported by
evidence on record happened this wise:*

Sheryl Silvano is a beautiful mestiza (as may be shown in the pictures, Exhs. T to T-5),
and already 5'6 tall at her age of sixteen (16) years, having been born on January 20,
1980. (Exhs. F and F-1) Her height have been inherited from her parents as her father
is 6'2 tall and her mother is a mestiza. She is the legitimate daughter of David Silvano
y Hayag, the accused in this case, and Shirley Ann G. Pedrosa, as evidenced by a
marriage contract (Exhs. E & E-1). Sheryl is the eldest and the only girl with two
brothers, namely: John David, who was born on July 29, 1984 and Noel William, who
was born on April 16, 1986. (pp. 1-5, tsn, August 14, 1996)

On January 23, 1996 at 10:30 in the evening, while Sheryl was sleeping in her room at
the second floor of their house located at 134-C Scout Rallos Street, Barangay Sacred
Heart, Quezon City,** she was awakened by her father, the accused in this case. The
accused then started scolding Sheryl for her coming late. (pp. 6-7, tsn, ibid.) The
accused who appeared tipsy, started undressing Sheryl by lifting her T-shirt, as a form
of punishment for her coming home late, which punishment she has been experiencing
from the accused since she was 13 years old. After lifting Sheryl's T-shirt, as she was
not then wearing any bra, the accused started holding Sheryl's breast at the same time
kissing it. As Sheryl was practically leaning on the bed, the accused dragged Sheryl at
the edge of the bed so that she would be facing the accused a little bit. The accused
then knelt down on the floor and continued holding the breast of Sheryl with one hand
while the other hand was holding the private organ of Sheryl. Sheryl tried to prevent
the accused from doing what he was doing but the accused told Sheryl you did
something wrong and I told you I would do that as a punishment to you (p. 7, tsn. ibid.).
Despite the pleas of Sheryl, the accused continued kissing her breasts. Afterwards, the
accused pulled Sheryl at the side of the bed and the accused removed her pair of short
pants and panty. After removing the pair of short pants and panty of Sheryl, the
accused grasped the hips and waist of Sheryl and pulled her towards him. Thereafter,
when the accused was already in between the thighs of Sheryl, the accused started
kissing the private organ of Sheryl, the accused was at the same time inserting his
finger into Sheryl's vagina (p. 8, tsn, ibid.). Thereafter, the accused stood up a bit,
pulled down his short pants and knelt down at the side of the bed. The accused then got
a hold of Sheryl's two feet and placed them on top of his shoulders. The accused once
again grasped the hips of Sheryl and pulled her nearer to him. When Sheryl was pulled
nearer to the accused, the accused inserted his private organ into Sheryl's private
organ. Although 'Sheryl tried to free herself by pushing the shoulders of the accused
with her two feet and telling the accused to stop what he was doing to her, the accused,
in order to have a full grip, got hold of the legs of Sheryl and placed them in between
the arms of the accused (pp. 8-9, tsn, ibid.). After inserting the accused's private organ
into the private organ of Sheryl, the accused performed a pumping motion.
Subsequently, the accused's private organ was removed from the private organ of
Sheryl and the accused rubbed his organ with the private organ of Sheryl. Thereafter,
Sheryl felt something cold which was a sticky liquid emitted from the private organ of
the accused and which the accused scattered in between Sheryl's private organ and on
her stomach. Later on, the accused got a tissue paper and wiped the liquid-like
substance. The accused then put on his pair of pants and left the room (pp. 9-11, tsn,
ibid.). The following morning, Sheryl went to school at Jose Abad santos Memorial
School (JASMS) in Quezon City.

On February 12, Sheryl who could no longer bear the punishment in the form of sexual
abuse she had been getting from her father as in fact she was first raped when she was
thirteen (13) years of age, left their house at Scout Rallos, Quezon City, and stayed at
her maternal grandmother's house at Scout Lozano, Quezon City. When she was asked
to go back to her parents' house at and settle her differences with the accused, Sheryl
confided to her mother and grandmother the real reason why she did not like to go
back to their house. Thereupon, her mother and grandmother immediately sought the
assistance of General Hercules Catalua, Chief of the Central Police District Command,
who happens to be married to a cousin of the mother of Sheryl.1

Consequently, appellant was charged with rape by his own daughter to which he
pleaded not guilty when arraigned. Prior to the presentation of evidence for the
prosecution, the complaint was amended without objection from appellant, who when
re-arraigned entered the same plea. The amended complaint reads:

That on or about the 23rd day of January, 1996 in Quezon City, Philippines, the said
accused who is the father of the Complainant by means of force and intimidation, to wit:
then and there wilfully, unlawfully and feloniously, undressing the undersigned
complainant who is under eighteen (18) years of age and putting her legs on top of his
shoulders, and thereafter have carnal knowledge with the undersigned complainant
against her will and without her consent.2

After the prosecution presented its case, appellant filed a motion for leave to file
demurrer to evidence on the ground that his guilt was not proven beyond reasonable
doubt, which motion, however, was denied by the lower court. Appellant thus
presented evidence for his defense. Thereafter, the lower court rendered judgment
convicting appellant of the crime charged, sentenced him to suffer the penalty of death,
and ordered him to indemnify the victim. The dispositive portion of the decision a
quo states:

WHEREFORE, this court finds the accused David Silvano y Hayag guilty beyond
reasonable doubt of the crime of rape defined in and penalized by Article 335 of the
Revised Penal Code, as amended, and sentences him to suffer the penalty of death and
to pay the costs. The accused is hereby ordered to indemnify the victim, Sheryl P.
Silvano, the amount of P50,000.00, as moral damages, and P30,000.00 as exemplary
damages.

SO ORDERED.3

Upon automatic appeal to this Court,4 appellant assails his conviction by insisting on
his innocence. He denied the accusation arguing that the charge leveled against him
was a mere ploy of his wife and the latter's relatives for the purpose of severing their
marital relationship.

In the review of death cases, foremost in the mind of the Court is the heavy penalty
which an accused faces. Aware that life once taken, is like virginity which once defiled,
can never be restored,5 a thorough scrutiny of the case is in order. Against the
proffered excuses of appellant, however, and guided by the three principles in the
review of rape cases, to wit:6

a.) An accusation for rape can be made with facility; it is difficult to prove but more
difficult for the person accused, though innocent, to disprove;

b.) In view of the intrinsic nature of the crime of rape, where only two persons are
usually involved, the testimony of the complainant is scrutinized with extreme caution;
and

c.) The evidence of the prosecution stands or falls on its own merits and cannot be
allowed to draw strength from the weakness of the defense.

The fundamental presumption of innocence7 enjoyed by appellant was overcome with

the requisite quantum of proof in criminal cases and his guilt sufficiently established by
proof beyond reasonable doubt.8

The qualified rape of an underaged relative for which appellant was charged is
classified as a heinous crime and penalized under Section 335 of the Revised Penal
code (RPC), as amended by Section 11, Republic Act (R.A.) 7659,9 which provides:

When and how rape is committed - Rape is committed by having carnal knowledge of
a woman under any of the following circumstances.

1.) By using force or intimidation;

2.) When the woman is deprived of reason or otherwise unconscious; and

3.) When the woman is under twelve years of age or is demented.

The crime of rape shall be punished by reclusion perpetua.

Whenever the crime of rape is committed with the use of a deadly weapon or by two or
more persons, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall be death.
When the rape is attempted or frustrated and a homicide is committed by reason or on
the occasion thereof, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, a homicide is committed, the penalty
shall be death.

The death penalty shall also be imposed if the crime of rape is committed with any 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;

2.) When the victim is under the custody of the police or military authorities;

3.) When the rape is committed in full view of the husband, parent, any of the children
or other relatives within the third degree of consanguinity;

4.) When the victim is a religious or a child below seven (7) years old;

5.) When the offender knows that he is afflicted with Acquired Immune Deficiency
Syndrome (AIDS) disease;

6.) When committed by any member of the Armed Forces of the Philippines or
Philippine National Police or any law enforcement agency;

7.) When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation. (emphasis supplied)10

In proving such felony, the prosecution must allege and prove the ordinary elements of
1.) sexual congress 2.) with a woman 3.) by force and without consent,11 and in order
to warrant the imposition of death penalty, the additional elements that 4.) the victim
is under 18 years of age at the time of the rape and 5.) the offender is
a parent (whether legitimate, illegitimate or adopted) of the victim should also be
alleged and proven. All such elements are undisputedly present in this case. The victim
herein at the age of sixteen (16) years was subjected to forced sexual intercourse by
appellant, as duly shown in her testimony:

Q. While you were sleeping at 10:30 in the evening of January 23, 1996, what
happen?***

ATTY. UMINGA:

Objection, your Honor, the question is misleading, while you were sleeping it does not
mean established that she was sleeping.

COURT:

Witness may answer.

A. I was awakened by my father.

Q. When your father woke you up, what happened?

A. He was scolding me.

Q. What did he say?

A. He was asking me why I came home late. That I knew that I had a punishment.

Q. What else did your father do, if there was any aside from scolding you?

A. He was trying to undress me, particularly my shirt.

Q. Was he able to undress you?

A. Yes, he was able to lift up my shirt.

Q. And then what happen?

A. He was holding my breast and he was kissing my breast.

Q. What else did he do?

A. I was leaning on the bed, he dragged me on the side ways, so that, I will be facing
him a bit and then he knelt down on the floor.

Q. After he knelt down on the floor, what else did he do?

A. He continued kissing and holding my breast, while he was holding his other hand to
my breast and he was kissing it, he was holding my private organ his other hand.

Q. And what were you wearing at that time?

A. I was wearing t-shirt without bra.

Q. And when he was holding your private organ, what happened?

A. I was trying to tell him, not to do this to me, but he insisted and said that you did
something wrong, and I told you that I would do that punishment to you but I said
that I did not agree.

Q. And then what did he do if any, after he was holding your private part and he was
holding and kissing your breast?

A. He told me and he insisted that, he would do that to me, but I said no, please don't.

Q. When you answered him stop, what did he do?

A. He still continued kissing my breast and kissing my private organ.

Q. After than, what happened?

A. He pulled me at the side of the bed.

Q. When he pulled you at the side of the bed, what did your father do?
A. He undressed my shorts and panty.

Q. After your father removed your shorts and panty, what else did he do?

A. He grasped me by my hips, he grasped me by my waist, and he pulled me towards

him.

Q. And where was his position when he pulled you towards him?

A. He was at the side of the bed.

Q. And in relation to you, where was he located?

A. In between my thighs.

Q. What did he do after that?

A. He started kissing my private organ.

Q. When he was kissing your private organ, what else did he do?

A. He was putting his finger inside my vagina hole or opening and he continued kissing
it.

Q. After putting his finger inside your private organ, what else did he do?

A. He stood up a bit, he removed or lowered down his pants and then he knelt down at
the side of the bed.

Q. After removing his pants, after lowering down his pants, and kneeling down a bit,
what did your father do?

A. He got my two feet and placed him on top of his shoulder.

Q. After putting your two feet on top of his shoulder, what did he do?

A. He grasped me by my hips, he pulled me nearer to him and he placed his organ

inside my organ.

Q. After the accused, your father, placed his organ inside your organ, what else
happen?

COURT:

Put on record that the witness is crying.

ATTY. MENDOZA: (to the witness)

Q. After your father put his organ inside your organ, what else did he do?

A. He just put his organ inside my organ. He was almost on top of me.
COURT: (to the witness)

Q. What about you, what did you do, when your father, the accused in this case placed
his organ inside your organ?

A. I was trying to remove my two feet on top of his shoulder, I was pushing him by his
shoulder with my two feet and I was telling him to stop doing it to me.

Q. And what was the response of your father?

A. He kept on grasping my hips nearer to him.

COURT: (to Atty. Mendoza)

Go ahead.

ATTY. MENDOZA: (to the witness)

Q. So, while you were trying to free yourself, and your father continued grasping your
hips closer to him, what else happen?

A. I was able to remove my feet a bit but in order for me not to break free, he placed
my legs in between his arms and both feet and then he gripped it.

Q. When you were able to free your legs from the shoulder of your father, he grabbed
your legs and grasped it with his arms, what happen?

A. He placed his organ in my organ.

Q. And was he able to put his organ inside your vagina?

A. Yes, then I felt pain.

Q. After that, what happen?

A. I tried again resisting him, moving again my two feet from his grasp. I tried to get
far from the edge of the bed, far from him.

Q. And you were able to remove his arms from your legs?

A. No, sir.

Q. So, what happen?

A. His organ removed from my organ, but he tried to put it but since he can't.

Q. Since he can't, what did he do?

A. He placed his organ on top of my organ.

Q. And then, what did he do?

Rubbing it on top of my organ.

Q. and what were you saying in tagalog?

A. kinikiskis po.

Q. And then, what did you do?

A. And then, I still tried telling him stop doing to me.

Q. You cannot free yourself from your father?

A. No, sir.

Q. And after that, he was rubbing his organ with your organ, what happen?

A. I felt cold, liquid-like substance on top of my organ and somewhere in between my

stomach.

Q. And then, after that, what happen?

A. He got his shoe (should be tissue) and then he wiped it.

COURT: (to the witness)

Q. Where did that fluid came from?

A. It came from his organ.

Q. Did you see?

A. Yes, your Honor.

ATTY. MENDOZA: (to the witness)

Q. Will you please tell to the Honorable Court whether the place while your father was
doing this to you was lighted?

A. Yes, sir.

Q. What was the lighting?

A. Flourescent light.

Q. And who put the lights on?

A. He opened it.

Q. After that, what did your father do?

A. He stood up and wore his underpants.

Q. And where did he go?

A. He went out of the room.

Q. And what did you do?

A. I wore my underpants too then I covered my face with the pillow. (italics supplied)12

The victim's claim that she was ravished is corroborated by the medical findings of the
physician who examined her, to wit:

GENERAL AND EXTRAGENITAL

Fairly developed, fairly nourished and coherent female subject. Breasts are
hemispherical with pinkish brown areola and nipples from which no secretions could be
pressed out. Abdomen is flat and soft.

GENITAL:

There is abundant growth of pubic hair. Labia majora are full, convex and coaptated
with the pinkish brown labia minora presenting in between. On separating the same,
disclosed an elastic, fleshy-type hymen with deep healed lacerations at 3, 7 and 9
o'clock positions. External vaginal orifice offers moderate resistance to the
introduction of the examining index finger and the virgin-sized vaginal speculum.
Vaginal canal is narrow with prominent rugosities. Cervix is normal in size, color and
consistency.

CONCLUSION:

Subject is in non-virgin state physically.

There are no external signs of recent application of any form of trauma at the time of
examination.

REMARKS:

Vaginal and peri-urethral smears are negative for gram-negative diplococci and for
spermatozoa. (emphasis supplied)13

It is settled that carnal knowledge is consummated by the mere touching of the

woman's labia of the pudendum by the male sex organ.14 The briefest contact of penile
invasion is as serious as full penetration and thus, rapture of the hymen is not
required.15 In addition, the absence of fresh lacerations does not disprove
rape.16 Appellant could have been held liable for instrument or object rape under R.A.
8353 when he inserted his tongue and finger into her daughters vaginal orifice. Luckily
for him, at the time he committed such act, instrument or object rape was not yet
punishable.

For his defense, appellant claims among others, that the victim offered only a token
resistance when the alleged sexual acts were being done. Be that as it may, the failure
to shout or offer tenacious resistance cannot be construed as a voluntary submission to
appellant's desires.17 It is enough if the prosecution had proven that force or
intimidation concurred in the commission of the crime as in this case. The law does not
impose upon a rape victim the burden of proving resistance.18 Moreover, physical
resistance need not be established in rape when intimidation is exercised upon the
victim and she submits herself against her will to the rapist's lust because of fear for
her life or personal safety.19 The force, violence or intimidation in rape is a relative
term, depending not only on the age, size, and strength of the parties but also on their
relationship with each other.20 Herein victim is only 16 years old, about 5'6 and weighs
128 lbs. As compared to her father who is his early 40's, about 6'2 weighs 210
lbs.21 And a former driver/messenger in the Italian embassy.22 Considering also that
the assailant is no less than the victim's own father who wields parental influence over
her person, the crime undoubtedly was committed with facility.23 The latter's moral
ascendancy over the former substitutes for violence or intimidation.24 A woman at such
young age like the victim herein can only cower in fear and yield into submission. Rape
is nothing more or less than a conscious process of intimidation by which a man keeps
a woman in a state of fear and humiliation. Thus, it is not even impossible for a victim
of rape not to make an outcry against an unarmed assailant.25

Appelant's contention that he could not have possibly raped her own daughter in the
room where the latter was sleeping on the night of the incident considering that it was
small, is not a reason to exculpate him from his barbaric and prurient desires. There is
also no merit in his assertion that the victim's two younger brothers - one of whom is
deaf - who were sleeping in the same room, would have been awakened when she
struggled against the advances of appellant. Suffice it to say, however, that while the
brutish sexual assault on the victim was being committed under the cloak of the night
and disguised as a form of parental sanction, it is not impossible nor incredible for the
members of the complainant's family to be in deep slumber and not to be
awakened.26 because rape can be committed in the same room where other members
of the family are also sleeping.27 His argument that it is unusual and improbable for the
rape to occur at about 10:30 in the evening since people are not yet soundly
sleep28 lacks merit. Evidence without argument is worth more than argument without
evidence. In their union they are inseparable.29 In any case, as consistently ruled by
the Court, lust is no respecter of time and place30 and also of kinship. Non-consensual
acts of sex can be done even in places where people congregate, in parks, along the
roadsides, in school premises, in a house where there are other occupants,31 and even
in places which to many, would appear unlikely and high risk venues for its
commission.32 In any case, there is no rule that rape can be committed only in
seclusion.33

Appellant alludes as rather unusual for him to rape his own daughter by scolding her
first, as it would certainly cause some noise.34 This is no excuse for a rapacious parent.
Precisely, he scolded her to make a good pretext that any noise created thereafter was
nothing but part of the parental sanction and discipline on an allegedly erring child and
thus, distract, if not mislead, possible assistance once he performs his evil instincts.
Appellant likewise argues that the rape is implausible, improbable if not
impossible35 considering that the series of acts allegedly lasted for about 40 minutes -
15 minutes for kissing and sucking her breast and nipples, 15 minutes for kissing her
private parts and about 15 to 20 minutes for doing the motion. This is a trivial matter
which does not go into the why's and wherefore's of the crime.36 On the contrary, it
strengthened rather than diminished the victim's credibility37 as they erased suspicion
of a rehearsed testimony.38 Lust may be consummated in a matter of seconds or it
could last for hours depending on the parties and the circumstances. To the helpless
victim, every second of the monstrous act is transformed into a long period of agony.
Besides, it is too much to demand from the rape victim to keep track of the exact
duration of every humiliating act done to her or to make an accurate account or her
traumatic experience.39 Errorless testimony cannot be expected of her40 for she may
not be able to remember and recount every ugly detail of the harrowing experience and
appalling outrage, especially so since she might in fact be trying not to remember
them, 41 as they are painful to recall.42 In any case, the undisputed fact remains that
the copulation was against the victims will. If somewhere along the motion, she
stopped resisting, it is not unreasonable to conclude that the fear is still there or that
fatigue had intervened in her tenacity to fight the rapacity. A victim who cries rape,
more so if she is a minor, almost always says all that is needed to signify that the crime
has been committed.43 The intimate flow of revelations from a daughter to a mother of
a fathers outrageous conduct impelled them to seek assistance from their relatives
including a police General. In turn, the latter ordered his men to invite the appellant to
the precinct without any warrant of arrest, an illegal act which would render all
evidence obtained in violation of his right against a warrantless arrest inadmissible.44

Under R.A. No. 7438, the so-called invitation of a person in connection with an offense
he is suspected to have committed is a prohibited act for which the inviting officer may
be held liable.45 Be that as it may, in accordance with settled jurisprudence, any
objection, defect or irregularity attending an arrest must be made before the accused
enters his plea.46 Appellant pleaded without making such objection and the court has
to call the attention to appellants counsel on whether he is going to challenge the
validity to the arrest. Despite his manifestation that he will do so, nothing was filed nor
initiated to that effect after probably realizing the futility to such action. In addition
thereto, appellants failure to quash the information, his participation in the trial and by
presenting evidence in his behalf, placed him in estoppel to make such challenge.47 He
has patently waived any objection or irregularites and is deemed as having submitted
himself to the jurisdiction to the court.48 It should be noted that the legality of arrest
affects only the jurisdiction of court over the person of the accused.49 Consequently, if
objection on such ground is waived the illegality of the arrest is not sufficient reason for
setting aside an otherwise valid judgment rendered after the trial, free from
error.50 The technicality cannot render the subsequent proceedings void and deprive
the State of its right to convict the guilty when the facts on the record point to the
culpability of the accused.51 In any case, appellant is not herein convicted on the basis
of whatever was illegally obtained by the police out of the invitation but by the
admissible proof presented by the prosecution particularly, the victims credible
testimony.

When charged before the court, appellant denied the accusation and prefaced such
denial with the assertion that he is giving her financial, material and educational
support. With respect to his denial, it is inherently a weak defense which cannot prevail
over positive identifications.52 It must be buttressed by strong evidence of
non-culpability to merit credibility.53 Otherwise, the same is self-serving and deserves
no greater evidentiary value.54 It should be noted that affirmative testimony, like that
of the victims, is stronger than a negative one.55 His excuse regarding support
is non-sequitur. The fact that he supports her does not give him the license to rape her.
It is his obligation to give support to her daughter as provided in Article 195(2,3) as
well as his right and duty under Article 220(1) of the Family Code which expressly
provides:56

Article 195. Subject to the provisions of the succeeding Articles, the following
are obliged to support each other to the whole extent set forth in the preceding Article:

xxx xxx xxx

(2). Legitimate ascendants and descendants;

(3). Parents and their legitimate children

Article 220. The parents x x x shall have with respect to their unemancipated children
or wards the following rights and duties:

(1). To x x x support (emphasis supplied).

The victim testified that appellant told her that she will be punished for coming home
late at night and the punishment is to have sex with him. This ratiocination is the
product of a sick mind of an equally sick parent who does not deserve to be such. It is
clear from the provisions of Article 209 of the Family Code that from the mere status of
being a parent flows ones natural right and duty not only of the caring for and the
rearing of their unemancipated children but above all the development of their moral,
mental, and physical character and well-being. Although the Family Code recognizes
the parents rights and duties to impose discipline on their unemancipated children;
Supervise their activities, recreation and association with others x x x; and prevent
them from acquiring habits detrimental to their x x x morals,57 it does not authorize
them to force their offspring to copulate with them under the mask of discipline, or
invade their honor and violate their dignity nor does it give them the license to ravish
the product of their marital union. Appellants way of punishment comes not in the form
of correction but of an insane sexual gratification. Sex with ones own child is per
se abhorrent and can never be justified as a form of parental punishment. The practice
of sexual exploitation of the youth in the guise of disciplinary action is not a solution to
juvenile curiosity which is part of growing up. His gratification instills an unnamed
trauma in the childs innocent mind when she still cannot understand the meaning of
sexual behavior.58 Moreover, instead of instructing and educating his own daughter
with the right precept and good example, appellant provided her with perversed and
distorted moral and spiritual guidance59 to the extent of brainwashing her that sex with
ones father is nothing but a disciplinary sanction and part of sex education60 which the
latter teaches her. Worse, the daughter herein even entertained doubts as to the
normality and abnormality of her fathers deplorable acts.61 It is also appellants duty
under the Family Code to give her love and affection, advice and counsel,
companionship and understanding.62 Yet what she got was the humiliation and the
destruction of her life, good future and the very essence of her existence.

Appellant further contends that her daughters acts after the alleged rape, such as
going to school the next day, leaving their home after more than two weeks had lapsed
since the incident and reporting the same only when confronted by her mother are
inconsistent with the behavior of a rape victim. The contention is without merit. The
behavior and reaction of every person cannot be predicted with accuracy. It is a
time-honored precept that different people react differently to a given situation or type
of situation and there is no standard form of behavioral response when one is
confronted with a strange or startling or frightful experience.63 Not every rape victim
can be expected to act conformably to the usual expectations of every one.64 Some
may shout; some may faint; and some may be shocked into insensibility; while others
may openly welcome the intrusion.65

The failure of the victim to immediately reveal his fathers incestuous acts is not
indicative of fabricated charges. It should be noted that:

Many victims of rape never complain or file criminal charges against their rapists. They
prefer to bear the ignominy and pain rather than reveal their shame to the world or risk
rapists making good their threats to kill or hurt their victims.66
The victim herein is in no case different. Her shame and genuine fear of what appellant
might do to her or her brothers had temporarily sealed her lips. This is why she left
their home, the scene of her defilement where her appellant father resides and went to
her maternal grandmothers place. Only when confronted why she would not come back
to their house did she reveal the avalanche of shame and degradation that had befallen
her at that tender age of 16 years from her very own father. It is not uncommon for a
young girl at such age to be intimidated into silence and conceal for sometime the
violation of her honor, even by the mildest threat against her life.67 Silence is not an
odd behavior of rape victims who do not always immediately go to the rooftop and
denounce their assailants.68 This natural reticence or aversion of the victims to reveal
the humiliation attaching to the crime is a stigma they will have to bear indefinitely
thereafter.69 The fear of these young victims of reprisals upon them or their families
easily cows them into submission and silence. Worse, in incestuous rape, that fear
which compels non-revelation is further reinforced by the moral ascendancy of the
rapist over his ravished relative.70 As the father of the victim, appellant whom she
called Daddy had assumed parental authority over her during her formative years.
Undisputedly, he exerts strong moral influence over complainant.71

The imputation by appellant of wrongful motive to his wife who allegedly used their
daughter as an instrument in concocting the rape just to sever their marital ties is too
shallow. It is unnatural for a parent to use her offspring as an engine of malice
especially if it will subject her to embarrassment and even stigma.72 No mother in her
right mind would subject her child to the humiliation, disgrace and trauma attendant to
a prosecution for rape, if she were not motivated solely by the desire to incarcerate the
person responsible for her childs defilement73 or if the same is not true.74 In the same
vein, a mother would not expose her daughter to such an ignominy merely to end her
relationship with her husband or to retaliate against him for his transgressions as a
family man.75 And it is unbelievable for a daughter to charge her own father with rape
at the expense of being ridiculed.76 Accordingly, as the defense failed to prove that the
principal witness was moved by improper motive, the presumption is that she was not
so moved and her testimony entitled to full faith and credit.77

The contention that he cannot be convicted on the sole testimony of his daughter with
respect to the rape78 easily crumbles in the light of the doctrine that only two people
are privy to the crime of rape and the evaluation of the evidence presented ultimately
resolves around the credibility of complainant.79 The trial court, giving full faith and
credence to the victims testimony found it to be logical, straightforward and candid
manner, without any artificialities or pretensions that would tarnish the credibility of
her testimony.80 It even observed that she shamelessly cried as she was narrating the
tragic experience and her stern demeanor evinces the hatred she had for the
accused.81 Notwithstanding that the victims testimony is uncorroborated, the accused
may be convicted solely on the basis thereof so long as it meets the test of
credibility,82 and the prosecution is not bound to present witnesses other than the
victim.83

It is highly unlikely that the victim, a 16-year old high school student, presumably a
virgin, an innocent and unsophisticated girl, unexposed to the ways of the world, would
concoct a reprehensible story of defloration, no less than against her own father, allow
an examination of her private parts and then subject herself to the rigors, trouble,
inconvenience, ridicule and scandal of a public trial, where she has to bare her
harrowing and traumatic experience, and be subjected to harassment, embarrassment
and humiliation during cross-examination, unless she was in fact raped and deeply
motivated by her sincere desire to do so solely to seek justice and obtain redress for
the unforgivable and wicked acts committed upon her.84 This Court has repeatedly
ruled that no young and decent Filipina would publicly admit that she was ravished
unless that is the truth for it is her natural instinct to protect her honor.85

Complainants tender age further lends to her credibility.86 Thus:

Apparent from the Courts decisions in rape cases with the offended parties being young
and immature girls from the ages of twelve to sixteen, x x x is (the) considerable
receptivity on the part of this Tribunal to lend credence to their version of what
transpired, considering not only their relative vulnerability but also the shame and
embarrassment to which such a grueling experience as a court trial, where they are
called upon to lay bare what perhaps should be shrouded in secrecy, did expose them
to. This is not to say that an uncritical acceptance should be the rule. It is only to
emphasize that skepticism should be kept under control.87

Ultimately, all the foregoing boils down to the issue of credibility of witnesses.
Jurisprudential annals is replete with the rule that the findings of facts and assessment
of credibility of witnesses is a matter best left to the trial court because of its unique
position of having observed that elusive and incommunicable evidence of the witnesses
deportment on the stand while testifying, which opportunity is denied to the appellate
courts88 subject to certain exceptions,89 none of which, however, is attendant in this
case. Trial courts deal with live witnesses while appellate tribunals rely on the cold
pages of the written records.90 In this case, the lower courts findings, conclusions and
evaluation of the testimony of witnesses is received on appeal with the highest
respect,91 the same being supported by substantial evidence on record. No cogent
reason was shown that the court a quo had overlooked or disregarded material facts
and circumstances which when considered would have affected the result of this
case92 or justify a departure from its assessments and findings.93

Coming now to the award of damages. Under the latest jurisprudence, a victim of
simple rape is entitled to a civil indemnity of Fifty Thousand Pesos (P50,000.00) but if
the commission of the crime of rape is effectively qualified by any of the circumstances
under which the death penalty may be imposed, the civil indemnity for the victim shall
be not less than Seventy-Five Thousand Pesos (P75,000.00)94 In addition to such
indemnity, the victim or her heirs, as the case may be, can also recover moral damages
pursuant to Article 2219 of the Civil Code95 in such amount as the court deems
just, without the necessity for pleading or proof of the basis thereof.96 Civil indemnity
is different from the award of moral and exemplary damages.97 The requirement of
proof of mental and physical suffering provided in Article 2217 of the Civil Code is
dispensed with because it is recognized that the victims injury is inherently
concomitant with and necessarily resulting from the odious crime of rape to
warrant per se the award of moral damages.98 Thus, it was held that a conviction for
rape carries with it the award of moral damages to the victim without need for pleading
or proof of the basis thereof99 other than the fact of the commission of the
offense.100 Rape victims whose age ranges between 13 to 19 years are entitled to
moral damages.101 Under the circumstances of this case, appellant is liable to the
victim for the amount of P75,000.00 as civil indemnity and P50,000.00 as moral
damages.

With respect to the penalty, the sentence imposed by the trial court is proper. Under
Article 335 of the RPC, as amended by R.A. 7659, this kind of qualified rape when
concurred in by any of the 7102 qualifying circumstances enumerated in the law carries
the penalty of death, provided that such circumstance is alleged and proven.
In the case at bench, there is no dispute that appellant is the father of the victim, a fact
which he even admitted during his direct examination103 and is further corroborated by
the victims duly certified Certificate of Live Birth which indicates appellant as her
father.104 Moreover, such admission is sufficient to establish paternity without further
proof. This is so because, acts and declarations about pedigree which includes
relationship is an admissible hearsay under the rules.105 Besides, appellant interposed
no objection to the victims testimony when she positively identified the former as the
one who raped her on January 23, 1996.106 Such relationship of father-daughter in
rape cases is considered an aggravating circumstance under Article 15 of the RPC.107

Death being a single indivisible penalty and the only penalty prescribed by law for the
crime of rape when the victim is under eighteen (18) years of age and the offender is
a parent, the court has no option but to apply the same regardless of any mitigating or
aggravating circumstance that may have attended the commission of the crime108 in
accordance with Article 63 of the RPC, as amended.109 In similar per curiam cases,
involving the rape by a father of his minor daughter, the Court had imposed the penalty
of death.110 The case at bench carries with it the penalty of death which is mandatorily
imposed by law111 within the import of Article 47 of the RPC, as amended, which
provides:

The death penalty shall be imposed in all cases in which it must be imposed under
existing laws, except when the guilty person is below eighteen (18) years of age at the
time of the commission of the crime or is more than seventy years of age or when upon
appeal or automatic review of the case by the Supreme Court, the required majority
vote is not obtained for the imposition of the death penalty, in which cases the penalty
shall be reclusion perpetua.

In an apparent, but futile attempt to mislead this Court, appellant quoted the amended
complaint in its Brief underscoring the words eighteen (18) years of age112 but omitted
the word under to show that the victim was already at least 18 years old at the time of
the rape. And, it is neither controverted nor contested that the victim was below 18
years of age when her father raped her on January 23, 1996. It can be easily verified
from the records that his daughter was born at about 5:30 a.m. on January 20, 1980
as shown in the latters authenticated Certificate of Live Birth.113 Simple arithmetic
would show that on the day she was raped, only three days has just lapsed since the
victim celebrated her sixteenth (16) birthday. Besides, appellant did not object to the
victims testimony that she was 16 years old.114 The testimony of a person as to her age
is admissible although another hearsay, though she can have no personal knowledge
of the date of her birth, as all knowledge as to ones age is acquired from whatever is
told by the parents or relative115 and such testimony constitute an assertion of family
tradition.116 It is not also unreasonable to conclude that such was her age considering
that her parents were married sometime in July, 1979117 and that their first offspring,
the victim herein, would probably be born within the next year.

Four justices of the Court, however, have continued to maintain the unconstitutionality
of Republic Act 7659 insofar as it prescribes the death penalty; nevertheless they
submit to the ruling of the majority to the effect that this law is constitutional and that
the death penalty can be lawfully imposed in the case at bar.

WHEREFORE, the conviction of appellant is hereby AFFIRMED with the

MODIFICATIONS that appellant is ordered to pay his daughter P75,000.00 as civil
indemnity, in addition to the moral damages of P50,000.00 awarded by the trial court.
The award of exemplary damages is deleted for lack of legal basis.
In accordance with Section 25 of Republic Act No. 7659, amending Article 83 of the
Revised Penal Code, upon finality of this decision, let certified true copies thereof, as
well as the records of this case be forwarded without delay to the Office of the President
for possible exercise of the clemency or pardoning power.

SO ORDERED.

Davide, Jr., C.J., (Chairman), Romero, Bellosillo, Melo, Puno, Vitug, Kapunan,
Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena, Gonzaga-Reyes,
and Ynares-Santiago JJ., concur.