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Case 234 of 327: Can the lack of physical resistance and delayed reporting by child victims of incestuous rape committed by their own father undermine their credibility and warrant the accused's acquittal?

327 Cases Penned by Associate Justice Amy Lazaro-Javier: 2025 Bar Examination

Can the lack of physical resistance and delayed reporting by child victims of incestuous rape committed by their own father undermine their credibility and warrant the accused's acquittal?

PEOPLE OF THE PHILIPPINES v. XXX, G.R. No. 235662, July 24, 2019

FACTS OF THE CASE

This case arose from the horrific sexual abuse perpetrated by a father against his own daughters. The accused-appellant XXX was charged with two counts of qualified rape against his daughters AAA (born August 12, 1993) and BBB (born February 7, 1996), and one count of lascivious conduct against BBB. The incidents occurred in 2009 when AAA was 15 years old and BBB was 14 years old.

AAA testified that on March 14, 2009, while alone with her father at home, he brought her to a room, undressed her, and inserted his penis into her vagina, causing her pain and bleeding. She revealed that her father sexually abused her multiple times over the years, sometimes even in the presence of her younger sister BBB. AAA remained silent for three years because their mother MMM, an Overseas Filipino Worker, did not believe her when she initially confided the abuse.

BBB corroborated her sister's testimony, recounting that sometime in 2009, when alone with their father, he pulled down her shorts and underwear, touched and kissed her private parts, and was about to penetrate her when their younger brother CCC arrived home, interrupting the assault. BBB also testified that their father would regularly move to their room at night, touch both sisters' private parts, and have carnal knowledge of them despite the presence of other siblings.

The accused denied all charges, claiming he was working during the alleged incidents and that his daughters fabricated the accusations because they were angry about his extramarital affair and were influenced by their equally resentful mother.

Regional Trial Court Decision:

The RTC of Lipa City, Branch 13, found the accused guilty on all counts, sentencing him to reclusion perpetua for each rape charge and imprisonment of 10 years and 1 day to 17 years and 4 months for lascivious conduct. The court gave full credence to the victims' testimonies and rejected the accused's defense of denial and alibi.

Court of Appeals Decision:

The CA affirmed the conviction but modified the penalties and monetary awards. It sentenced the accused to reclusion perpetua for the lascivious conduct charge (recognizing the aggravating circumstance of relationship) and increased the damages awarded to the victims.

PRIMARY ISSUE BEFORE THE SUPREME COURT

Whether the Court of Appeals erred in affirming the trial court's verdict of conviction against appellant for two counts of qualified rape and one count of lascivious conduct, considering the alleged inconsistencies in the victims' behavior and their delayed reporting of the crimes.

DECISION OF THE SUPREME COURT

The Supreme Court AFFIRMED the Court of Appeals' decision with modifications to the monetary awards for the lascivious conduct charge. The Court held that the testimonies of AAA and BBB were credible, categorical, and convincing. The Court emphasized that there is no standard behavioral response for rape victims, particularly child victims of incestuous rape, and that the delay in reporting was justified given the victims' age, their father's moral ascendancy over them, and their mother's initial disbelief.

The Court reiterated that in cases of incestuous rape involving minors, actual force or intimidation need not be proven as moral dominion and influence are sufficient to cow victims into submission. The Court rejected the appellant's defense of denial and alibi as inherently weak compared to the victims' positive identification.

DISPOSITIVE PORTION

"ACCORDINGLY, the appeal is DISMISSED. The Decision dated August 3, 2017 is AFFIRMED with MODIFICATION.

In Criminal Case Nos. 08-0581-2013 and 08-0631-2013, appellant XXX is found GUILTY of QUALIFIED RAPE and sentenced to RECLUSION PERPETUA without eligibility of parole for each count.

He is further required TO SEPARATELY PAY AAA and BBB each P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages.

In Criminal Case No. 08-0630-2013, appellant XXX is found GUILTY of LASCIVIOUS CONDUCT and sentenced to RECLUSION PERPETUA and to pay a FINE of P15,000.00. He is required TO PAY BBB P75,000.00 as civil indemnity, P75,000.00 as exemplary damages, and P75,000.00 as moral damages.

All monetary awards in Criminal Case Nos. 08-0581-2013, 08-0631-2013, and 08-0630-2013 are subject to six percent (6%) interest from finality of this decision until fully paid.

SO ORDERED."

In an era where victim-blaming unfortunately persists, how can the justice system better protect child victims of incestuous rape from secondary victimization during legal proceedings while ensuring the constitutional rights of the accused are preserved?

IMPORTANT DOCTRINES ESTABLISHED

"Different people react differently to different situations and there is no standard form of human behavioral response when one is confronted with a strange, startling or frightful experience."
Explanation: This doctrine protects rape victims from being judged based on societal expectations of how they should behave after trauma.

"Where the rape is committed by a close kin, such as the victim's father, stepfather, uncle, or the common-law spouse of her mother, it is not necessary that actual force or intimidation be employed; moral influence or ascendancy takes the place of violence or intimidation."
Explanation: This recognizes the unique dynamics in incestuous rape cases where the perpetrator's authority relationship with the victim substitutes for physical force.

"It is highly inconceivable for a daughter like AAA to impute against her own father a crime as serious and despicable as incest rape, unless the imputation was the plain truth."
Explanation: This doctrine acknowledges the cultural and psychological barriers that make false accusations of incestuous rape highly unlikely.

"Delay or hesitation in reporting a case of rape due to threats of the assailant is justified and must not be taken against the victim."
Explanation: This protects victims from having their credibility questioned solely based on delayed reporting.

"In crimes against chastity, such as acts of lasciviousness, relationship is always aggravating."
Explanation: This establishes that familial relationship between perpetrator and victim always serves as an aggravating circumstance in sexual crimes.

CLASSIFICATION: CRIMINAL LAW

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