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PEOPLE v. CHARMIE SERVANO Y GAOR

FACTS:

Appellant Charmie Servano was charged with two counts of rape against his daughter, Ailyn Servano. The incidents were alleged to have occurred on June 13, 1998, in Barangay Himanag, Municipality of Lagonoy, Camarines Sur. Both charges were identically worded, with the only difference being the time of the commission of the offense.

During the trial, the prosecution presented three witnesses: Ailyn Servano, Dr. Roberto Enriquez, and Barangay Chairman Jose Barro. Ailyn testified that her father sexually assaulted her on June 13, 1998, at around 7:00 a.m. and then again around two hours later. She stated that her father inserted his penis into her vagina while she was lying on her back. Ailyn immediately informed her half-sister and they reported the incident to their Aunt Precy.

Precy reported the matter to Barangay Captain Jose Barro, who instructed a tanod to bring appellant for interrogation. Appellant was eventually taken to the police station, where Ailyn executed her sworn statement and was examined by Dr. Enriquez. The medical certificate issued by Dr. Enriquez showed hymenal lacerations that were possibly inflicted four to ten days earlier.

On the other hand, the defense presented appellant as its sole witness. He claimed that he mistook his daughter for his paramour when he felt a hand on his forehead. Believing it was his paramour's hand, he touched her organ and inserted his finger. He realized his mistake when he heard his name called and asked for Ailyn's forgiveness, which she rejected.

After the trial, the trial court rendered a decision finding appellant guilty of two counts of rape and imposing the death penalty in each case. The case is now on automatic review by the Supreme Court. The appellant's sole assignment of error is that the trial court erred in finding him guilty beyond reasonable doubt.

In this case, the private complainant, a minor, testified that her father forcibly brought her to their room, undressed her, and pushed her onto a mat. He then undressed himself and forcibly inserted his erected penis into her vagina. She testified that she felt great pain during this act. After the first incident, the private complainant cooked breakfast while her father left the house. However, when her father returned home, he raped her again. After the second incident, the father left the house again, and the private complainant went to her sister's house and informed her about the rape. The court noted that the private complainant was unable to resist her father's sexual advances due to fear.

ISSUES:

  1. Whether or not the sworn statement of the complainant is admissible as evidence

  2. Whether or not the absence of details on the use of force and intimidation in the complainant's testimony affects the credibility of the prosecution's evidence

  3. Whether the prosecution proved the use of force and intimidation by the appellant in the commission of the rape.

  4. Whether or not the absence of force and intimidation is necessary to secure conviction for the crime of rape.

  5. Whether or not the victim's behavior after the rape is relevant to determine the veracity of the rape accusation.

  6. Whether or not the absence of spermatozoa is a defense in rape cases.

  7. Whether or not the appellant's claim of mistaken identity is credible.

  8. Whether or not the twin circumstances of minority and relationship must be alleged in the information and proved during trial beyond reasonable doubt.

  9. Whether or not the prosecution failed to prove the actual age of the victim.

  10. Whether or not the petitioner has legal standing to bring the case before the court.

  11. Whether or not the assailed issuances violate the petitioner's constitutional right to due process.

  12. Whether or not the assailed issuances are unconstitutional for being an undue delegation of legislative power.

RULING:

  1. The sworn statement of the complainant is admissible as evidence. Evidence in criminal cases is not limited to the declarations made in open court. It includes all documents, affidavits, or sworn statements of the witnesses, and other supporting evidence. A sworn statement is a written declaration of facts to which the declarant has sworn before an officer authorized to administer oaths. The fact that a witness fails to reiterate the contents of his or her sworn statement during trial does not render the sworn statement useless and insignificant, as long as it is presented as evidence in open court. The sworn statement and the open court declarations must be evaluated and examined together to arrive at a full and thorough determination of the merits of the case.

  2. The absence of details on the use of force and intimidation in the complainant's testimony does not affect the credibility of the prosecution's evidence. The complainant did not contradict the recitals in her sworn statement and she never declared that the appellant did not employ force and intimidation on her. The rule that an affidavit or sworn statement is inferior to testimony in open court applies only when there are discrepancies and inconsistencies between the allegations in the sworn statement and those made on the witness stand. In this case, there is no conflict or contradiction. Therefore, the narration made in the complainant's sworn statement should not be disregarded.

  3. The court ruled that even if the prosecution failed to prove the use of force and intimidation by the appellant, his conviction for the crime of rape is still valid. In cases of incestuous rape, the minor victim is at a great disadvantage because the assailant, by his overpowering and overbearing moral influence, can easily consummate his bestial lust with impunity. The court emphasized that in cases of incest rape, the accused-appellant's moral ascendancy over the victim takes the place of the force and intimidation in rape. The force and intimidation are subjective and should be viewed in the context of the victim's perception and judgment at the time of the commission of the offense. The court further explained that in Philippine society, fathers are considered the head of the family and children are taught not to defy the father's authority even when it is abused. The children are taught to respect the sanctity of marriage and to value the family above everything else. Therefore, when the abuse begins, the victim sees no reason or need to question the righteousness of the father whom she has trusted right from the start. The value of respect and obedience to parents instilled among Filipino children is transferred into the very same value that exposes them to risks of exploitation by their own parents. The court concluded that appellant's moral ascendancy over the victim satisfies the elements of force and intimidation, and therefore evidence of force and intimidation is not necessary for the conviction of the appellant.

  4. The absence of force and intimidation is not necessary to secure conviction for the crime of rape.

  5. The victim's behavior after the rape is not relevant to determine the veracity of the rape accusation.

  6. The absence of spermatozoa is not a defense in rape cases.

  7. The appellant's claim of mistaken identity is not credible.

  8. The twin circumstances of minority and relationship must be alleged in the information and proved during trial beyond reasonable doubt.

  9. The prosecution failed to prove the actual age of the victim.

  10. The petitioner has legal standing to bring the case before the court as he has personally been affected by the assailed issuances.

  11. The assailed issuances were found to violate the petitioner's constitutional right to due process as they were issued without prior notice and hearing.

  12. The assailed issuances were declared unconstitutional for being an undue delegation of legislative power.

PRINCIPLES:

  • Evidence in criminal cases is not limited to the declarations made in open court; it includes all documents, affidavits, or sworn statements of the witnesses, and other supporting evidence.

  • A sworn statement is a written declaration of facts to which the declarant has sworn before an officer authorized to administer oaths, and it carries credibility and trustworthiness on the document.

  • The sworn statement and the open court declarations must be evaluated and examined together to arrive at a full and thorough determination of the merits of the case.

  • The absence of details on the use of force and intimidation in the complainant's testimony does not affect the credibility of the prosecution's evidence if there are no discrepancies or inconsistencies between the allegations in the sworn statement and those made on the witness stand.

  • In incestuous rape, the accused-appellant's moral ascendancy over the victim takes the place of the force and intimidation in rape.

  • The force and intimidation in incestuous rape are subjective and should be viewed in the context of the victim's perception and judgment at the time of the commission of the offense.

  • In Philippine society, fathers are considered the head of the family and children are taught not to defy the father's authority even when it is abused. The value of respect and obedience to parents instilled among Filipino children is transferred into the very same value that exposes them to risks of exploitation by their own parents.

  • There is no standard form of behavior expected of rape victims after being defiled.

  • The absence of spermatozoa does not absolve the accused of rape if there is evidence of unlawful penetration.

  • The credibility of the victim's accusation is not affected by her relationship with the accused or her behavior after the rape.

  • The twin circumstances of minority and relationship must be alleged in the information and proved during trial to hold the accused liable for qualified rape.

  • The prosecution has the burden of proving the age of the victim, and lacking other competent evidence, the failure of the accused to object to testimonial evidence regarding the victim's age cannot be taken against him.

  • Civil indemnity, moral damages, and exemplary damages are mandatory in rape cases.

  • Legal Standing - The petitioner must show a personal and substantial interest in the case to have legal standing.

  • Due Process - The government must follow proper procedures and give notice and opportunity to be heard before depriving someone of their rights.

  • Undue Delegation of Legislative Power - The Constitution prohibits the delegation of lawmaking authority to the executive branch, as it is the role of the legislature to enact laws.