Beruflich Dokumente
Kultur Dokumente
*
G.R. No. 138364. October 15, 2003.
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* EN BANC.
432
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BELLOSILLO, J.:
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3
knife at her and forced her to lie down. Reseilleta resisted
and tried to free herself from her fathers hold, but he
grabbed an iron bar and struck her at the back twice, then
punched4 her in the abdomen. As a result of the blows, she
fainted.
When Reseilleta regained her 5
consciousness, she felt
pains on her bleeding genitalia. Fearing that it would not
be the last of her fathers sexual assault,6
he having
molested her several times in the past, she fled to her
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3 Id., p. 28.
4 Id., p. 24.
5 Id., p. 17.
6 Id., pp. 6, 89.
7 TSN, 6 January 1998, pp. 67.
8 See Decision of the Trial Court, p. 4 Rollo, p. 14.
9 Exhs. A and E Records, pp. 23.
10 Exh. C id., p. 1.
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11 Exh. B id., p. 5.
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Q: And after yon were boxed in the abdomen, yon felt (sic)
unconscious?
A: Yes, then he removed my clothings.
Q: He removed your clothings after you felt (sic)
unconscious?
A: Yes, I was already unconscious.
Q: You were already unconscious when you clothings and
panty were already taken off?
A: Yes.
Q: When you regained consciousness, you said, your panty
were (sic) bloodied, is that correct?
A: Yes.
Q: And it was still intact in your private parts, is that
correct?
A: (no answer).
Q: It was you who removed your panty?
A: No, sir.
Q: Who removed your panty?
A: My father, sir.
Q: Your father removed it when you were unconscious is
that what you mean?
13
A: Yes, sir.
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12 See People v. Perez, G.R. Nos. 12436667, 19 May 1999, 307 SCRA
276.
13 TSN, 10 September 1997, pp. 2526.
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14 Rollo, p. 17.
15 Rule 133, Sec. 4, Revised Rules of Court.
16 See People v. Tolentino, G.R. No. 139834, 19 February 2001, 352
SCRA 228 People v. Gargar, et al., G.R. Nos. 11002930, 29 December
1998, 300 SCRA 542.
438
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17 People v. Diaz, G.R. No. 117323, 4 October 1996, 262 SCRA 723.
18 People v. Mitra, G.R. No. 130669, 27 March 2000, 328 SCRA 774.
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gallows. As we view it, Estelita was simply motivated by a
desire to have the person responsible for the defloration of
her daughter apprehended and punished.
In the face of the positive testimony of Reseilleta who
had no improper motive to testify falsely against him,
appellants alibi crumbles like a fortress of sand. For the
defense of alibi to prosper, the accused must not only show
that he was not present at the locus criminis at the time of
the commission of the crime, but also that it was physically
impossible for him to have been present 20
at the scene of the
crime at the time of its commission. Appellant testified
that on 12 December 1996 he was working in a farm from
six oclock in the morning until sunset. However, he
miserably failed to prove that the nature of his work at the
farm, and the distance between the farm and his house,
effectively prevented him from going home at lunch time to
feast on his daughters purity and innocence.
Appellant posits that in the event he is found guilty he
should be convicted only of simple rape, and not qualified
rape. He argues that the Information against him failed to
allege the qualifying circumstance of relationship between
him and Reseilleta.
We disagree. The qualifying circumstance of relationship
of the accused to the victim being father and daughter is so
alleged21
in the Information. The 22
cases of People v. Bali
balita and People v. Rodriguez, are no longer controlling.
The time has come for us to revisit and reexamine the
wisdom of these rulings lest blind acquiescence, persistent
application and the passage of time may validate what
appears to us now as an unsound procedural doctrine that
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19 See People v. Ariola, G.R. Nos. 14260205, 3 October 2001, 366 SCRA
539 People v. Escober, G.R. No. 122180, 6 November 1997, 281 SCRA 498.
20 People v. Villanos, G.R. No. 126648, 1 August 2000, 337 SCRA 78, 88.
21 G.R. No. 134266, 15 September 2000, 340 SCRA 450.
22 G.R. No. 138987, 6 February 2002, 376 SCRA 408.
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(14) years old at the time of the incident and fourth, the
medical report of Dr. Diaz on Reseilleta Villanueva, Exh.
B, shows an entry that the victim was born on 15 March
1979, which makes her seventeen (17) years old when she
was raped on 12 December 1996.
Verily, we find no independent evidence on record that
could accurately show the age of the victim. In the absence
of adequate proof as to her exact age, the Court will
consider only the qualifying circumstance of relationship
between appellant and his victim. We have held that the
minority of the victim must be proved with equal certainty
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25 Rollo, p. 19.
26 See People v. Sabalan, G.R. No. 134529, 26 February 2001, 352
SCRA 701.
27 People v. Biong, G.R. Nos. 1444447, 10 April 2003, 402 SCRA 366.
28 G.R. No. 139694, 27 December 2002, 394 SCRA 414.
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o0o
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