View full case

PEOPLE v. RUBEN DALISAY Y HERNANDEZ

FACTS:

Ruben Dalisay was accused by his daughter, Ma. Lanie Dalisay, of committing statutory rape. Lanie, who was 11 years old, alleged that her father forced himself on her and had sexual intercourse with her against her will and consent. She stated that her father had been sexually abusing her since she was in grade III, estimating that he had raped her seventeen times. After Lanie reported the incident to her teacher, a meeting was held, and she executed an affidavit regarding the incident. Appellant denied the charges, stating that he was falsely accused by his wife's relatives. Dr. Emma Panaligan, a Medico-Legal Officer, confirmed in her testimony that Lanie's external genitalia was "infantile," her hymen was intact, and no sperm cell was found during the examination.

The trial court convicted the appellant of statutory rape, considering Lanie's testimony as credible and trustworthy. Lanie described in detail how her father had raped her, including the removal of her underwear and pants, the insertion of his organ into hers, and the pain she felt during the act. Lanie also mentioned previous incidents of rape.

ISSUES:

  1. Whether Lanie's testimony against her father is credible.

  2. Whether Lanie's charge against her father was instigated by his parents-in-law.

  3. Whether the absence of hymenal laceration and spermatozoa in the victim's genitalia disprove the charge of rape.

  4. Whether the prosecution sufficiently proved the victim's age as an element of statutory rape.

  5. Whether the appellant is guilty beyond reasonable doubt of simple rape.

  6. Whether the damages awarded by the trial court in favor of the complainant are correct.

RULING:

  1. Yes, Lanie's testimony against her father is deemed credible. The court held that a rape victim's testimony, especially when accusing her own father, is entitled to great weight. Lanie remained steadfast in her story and expressed a strong desire for her father to be penalized with death, which shows her commitment to justice. The court also noted that it is inconceivable for Lanie to falsely testify against her own father if the charge were not true.

  2. No, the court did not find any reason to believe that Lanie's charge against her father was instigated by his parents-in-law. Appellant's claim that his in-laws wanted custody of his children was not supported by sufficient evidence. The court upheld the lower court's finding that Lanie's story is credible.

  3. The absence of hymenal laceration and spermatozoa in the victim's genitalia does not disprove the charge of rape. It was established that the appellant had carnal knowledge of the victim against her will, as testified by the victim herself. The presence of hymenal laceration or spermatozoa is not essential to prove rape. Full penetration is not required to consummate carnal knowledge, as even the slightest penetration of the male organ into the labia or pudendum of the female organ is sufficient.

  4. The prosecution failed to sufficiently prove the victim's age as an element of statutory rape. The best evidence to prove the victim's age is an original or certified true copy of the certificate of live birth, or in its absence, authentic documents such as baptismal certificate or school records. In this case, none of these documents were presented by the prosecution. The victim's testimony alone is not sufficient to prove her actual age, and the prosecution failed to present other witnesses who could testify concerning her age. Therefore, the appellant cannot be convicted of statutory rape based on the failure to prove the victim's age. However, he can be convicted of simple rape under paragraph 1 of Article 335 of the Revised Penal Code, as amended, due to the force or intimidation used by the appellant.

  5. The appellant is found guilty beyond reasonable doubt of simple rape and is sentenced to suffer the penalty of reclusion perpetua.

  6. The damages awarded by the trial court are modified. The victim shall be awarded P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages.

PRINCIPLES:

  • The testimony of a rape victim is entitled to great weight, especially when accusing a close relative.

  • Rape is not an ordinary crime and its gravity should be given due consideration in the assessment of evidence.

  • The court must be cautious in considering claims of instigation or motive in cases of sexual abuse, as they can undermine the credibility of the victim's testimony.

  • Upon a finding of the fact of rape, the award of civil indemnity is mandatory.

  • The amount of civil indemnity for rape is P75,000.00 if the death penalty is imposed, and P50,000.00 if the death penalty is not decreed.

  • In line with current jurisprudence, moral damages in rape cases are fixed at P50,000.00 without need of pleading or proof of basis therefor.

  • Exemplary damages may be awarded in rape cases to deter fathers with aberrant sexual behavior.