Credible victims

This is another case where the victims of crimes are minor children of the perpetrator. The usual issue in these cases is the credibility of the evidence presented by both sides, especially when the perpetrator is the very father of the victims who continues to live with him and thus would be afraid and hesitate to reveal immediately what happened to them. The issues here therefore are about the credibility of the victims’ accusations and the effect of the delay in the filing of the cases on their credibility.

This is the case of Dante, who is married to Clarita with seven children living in a one-room house. Since they were so crowded, five of their children transferred to their grandmother or stayed with their friends. So, only two of the children, Anita, 8 years old, and Blanca, 9 years old, are staying with them. One time Clarita their mother also left and spent the night at her sister’s house when Dante quarreled with her, thus leaving only Anita and Blanca with their father Dante.

Later that evening, while Anita and Blanca were sleeping side by side inside their house, Blanca was suddenly awakened by Dante’s tight embrace from behind, running his hand on her leg and breast. Then Blanca felt that Dante was poking his hard penis against her buttocks so she begged him to stop, saying she still had to go to school the following day. Dante moved away and went out of the house.

A few minutes later Dante went back inside the house and lay down beside Anita. The latter woke up and asked where her mother was. Dante pinched her ear and ordered her to keep quiet. Anita noticed that Blanca, who was lying beside her, slowly moved away. She tried to follow her sister but Dante pulled her towards him and asked her to face him. Then Dante pulled down Anita’s shorts and put his finger inside her vagina. Afterwards, Dante got on top of Anita and succeeded in having carnal knowledge of her and continued to molest her. She cried to Blanca for help but the latter could do nothing but weep and cover her ears.

The following day Anita was shocked and scared to find blood stains on her shorts, but Dante merely laughed when he saw her in distress. Later Clarita arrived and Anita told her that she was molested by Dante but did not say that she was raped because she was afraid that her parents would quarrel again. But Clarita did not believe her daughter, although she told Dante’s sister Erlinda about the molestation.

It was only a little over two years after the incident that what happened to the sisters eventually came out. Marina, a nun, and the sister of Clarita, visited them and asked Anita, Blanca and their mother Clarita to go with her to another province where she was a missionary. But when their mother refused, Anita and Blanca also refused to go with Sr. Marina but eventually told her what Dante did to them.

After the medical examination of Anita showing that she was really raped, Sr. Marina helped the girls file the complaint. At first Blanca was hesitant to file a complaint, but she finally agreed because Anita would not stop crying and was always afraid.

Dante was therefore charged with rape of Anita and with acts of lasciviousness on Blanca. The two sisters, the doctor who examined Anita and Sr. Marina testified for the prosecution and narrated the incidents in a direct, candid and convincing manner, clearly proving that Dante had carnal knowledge of Anita and committed lascivious acts on Blanca.

On the other hand, Dante testified for the defense, mainly claiming that they had a happy family life to belie the claim of his two daughters. Also testifying for him were his sister Erlinda and three of his neighbors. They confirmed that Dante had a happy family life and appeared to be a loving father who was very affectionate to his children, caring for them and sending them to school.

But after trial, the Regional Trial Court (RTC) found Dante guilty beyond reasonable doubt of the two crimes. He was sentenced to Reclusion Perpetua for the crime of rape and imprisonment of 14 years 4 months minimum to 12 years 4 months maximum, together with the accessory penalties of the law in both cases.  The Court of Appeals also agreed with the decision of the RTC.

On further appeal to the Supreme Court (SC), the decisions of the RTC and the CA were likewise affirmed with modification. The SC ruled that the discrepancies in the testimonies of Anita and Blanca are immaterial as they do not pertain to the essential elements of the crime. Besides, the sisters were 8 and 9 years old only and, based on existing jurisprudence, “youth and immaturity are badges of truth and sincerity” (Pp vs. Dimanawa, 628, Philippines 678). Furthermore, “when a rape victim’s allegation is corroborated by a physician’s finding of penetration there is sufficient foundation to conclude the existence of the essential requisite of carnal knowledge” (Pp vs. Noveras, 550 Phil 871, 887).  It is likewise immaterial that it took Anita more than two years before divulging the sexual abuse she experienced at her father’s hands. Records show that following her abuse, Anita’s mother Clarita did not believe her. This lack of support from her very mother naturally made Anita wary of whom she could trust. Anita’s failure to immediately disclose her abuse is a normal reaction of children, especially if they do not find a person whom they can trust and with whom they can feel safe.

The RTC and the CA are likewise correct in finding Dante guilty of sexual violence against his daughter Blanca and finding her testimony to be candid, credible and competent. Blanca clearly recalled the manner by which the lascivious acts were committed by her father by even demonstrating these to the court.

So Dante is really guilty of rape and should be sentenced to Reclusion Perpetua because the victim is a minor below 12 years old. With respect to acts of lasciviousness, his sentence should have been 12 years minimum to 20 years plus payment of moral, exemplary damages as well as civil indemnity (People vs. Divinagracia, Sr., G.R 207765, July 26, 2017).