62 - People Vs Felan

OPINION Evidence - Case no.
62
Section 51 Character Evidence Not Generally Admissible
G.R. No. 176631 February 2, 2011 fabrication of AAA out of anger at him for not giving her
basic needs and for admonishing her to stop using illegal
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, drugs.
vs. After trial, on November 26, 1997, the RTC convicted the
AVELINO FELAN, Accused-Appellant. accused of qualified rape and imposed the death penalty. He
was also ordered to pay AAA P50,000.00 as civil indemnity.4
His own daughter commenced the prosecution of Avelino
Felan for qualified rape through her complaint dated May 30, On July 14, 2006, the Court of Appeals (CA) modified the
1996.1 The information subsequently filed in the Regional criminal and civil liabilities of the accused after finding him
Trial Court (RTC) in Ormoc City alleged: guilty of simple rape on account of AAAs minority not being
That on or about the 12th day of February 1995, at around established beyond reasonable doubt. The CA lowered the
10:00 oclock in the evening, at Brgy. Tambulilid, Ormoc City, penalty to reclusion perpetua and sentenced him to pay an
and within the jurisdiction of this Honorable Court, the amount of P50,000.00 as moral damages and P25,000.00 as
above-named accused AVELINO FELAN, by means of exemplary damages in addition to the civil indemnity of
violence and intimidation, did then and there willfully, P50,000.00.5
unlawfully and feloniously have sexual intercourse with his
very own daughter, AAA, 2 a fourteen (14) years old lass, In his appeal to this Court, the accused contends that the
against her will.3 RTC and the CA erred in relying mainly on AAAs testimony,
despite her not being a credible witness and although her
The Prosecution showed that at about 10:00 p.m. on testimony was doubtful by reason of her having used illegal
February 12, 1995, the accused roused his daughter AAA, drugs and having engaged in prostitution, aside from
the complainant, then 14 years old, from sleep inside their possessing a poor memory. He insists that he could control
house; that he told her not to be afraid; that he removed her his sexual urge.6
panty, spread her legs, and went on top of her; that she The appeal lacks merit and persuasion. We affirm the
resisted but he overpowered her; that he inserted his penis conviction.
into her vagina and made pumping movements until he
satisfied himself; that she cried due to vaginal pain; that she The law applicable is Article 335 of the Revised Penal Code,
left the house and stayed with her friends, who advised her as amended by Section 11 of Republic Act No. 7659, 7 which
to report the rape to Mrs. Charito Aris, a social worker of the provides:
Department of Social Welfare and Development (DSWD) in Article 335. When and how rape is committed. Rape is
Ormoc City; that Mrs. Aris later brought her first to the committed by having carnal knowledge of a woman under
police station for reporting of the rape, and then to Dr. any of the following circumstances:
Gloria Esmero Pastor, City Health Officer of Ormoc City, for 1. By using force or intimidation;
medical examination; that Dr. Pastor found that AAAs 2. When the woman is deprived of reason or otherwise
hymen was torn; and that Dr. Pastor concluded that the unconscious; and
hymenal laceration could be caused by sexual intercourse. 3. When the woman is under twelve years of age or is
The accused denied the accusation, branding it as the demented.
DAZZLE DUTERTE 1
OPINION Evidence - Case no. 62
motive to impute such a heinous act to her own father was

The State competently and sufficiently established these not disproved or refuted. We do consider to be highly
elements beyond reasonable doubt. AAA rendered a inconceivable for a daughter like AAA to impute against her
complete and credible narration of her ordeal at the hands own father a crime as serious and despicable as incest rape,
of the accused, whom she positively identified. In a unless the imputation was the plain truth. In fact, as we
prosecution for rape, the accused may be convicted solely observed before, it takes "a certain amount of psychological
on the basis of the testimony of the victim that is credible, depravity for a young woman to concoct a story which
convincing, and consistent with human nature and the would put her own father to jail for the rest of his remaining
normal course of things, as in this case. 8 Here, the victims life and drag the rest of the family including herself to a
testimony was even corroborated on material points by the lifetime of shame."12
testimonies of Mrs. Aris and Dr. Pastor as well as by the
documentary evidences adduced. The attempt to discredit AAA on the ground of her being a
user of illegal drugs and of her having engaged in
It is notable that the RTC and the CA both found and prostitution deserved no consideration. First of all, AAAs use
considered AAA as a credible witness whose testimony of illegal drugs and engaging in prostitution, even if true, did
should be believed. We accord great weight to the trial not destroy her credibility as a witness or negate the rape.
judges assessment of the credibility of AAA and of her Indeed, the Court has ruled that the victims moral character
testimony because the trial judge, having personally was immaterial in the prosecution and conviction of an
observed AAAs conduct and demeanor as a witness, was accused for rape, there being absolutely no nexus between
thereby enabled to discern if she was telling or inventing the it and the odious deed committed. 13 Moreover, even a
truth.9 The trial judges evaluation, when affirmed by the CA, prostitute or a woman of loose morals could fall victim of
is binding on the Court, and it becomes the burden of the rape, for she could still refuse a mans lustful advances.14
accused to project to us facts or circumstances of weight
that were overlooked, misapprehended, or misinterpreted The CA correctly pronounced the accused liable for simple
which, when duly considered, would materially affect the rape and properly punished him with reclusion perpetua.
disposition of the case differently. 10 We do not vary from this Under Article 335 of the Revised Penal Code, as amended by
rule now, however, considering that the accused did not Section 11 of Republic Act No. 7659, supra, rape is qualified
make any showing that the RTC, in the first instance, and and punished by death if it is alleged and proved that the
the CA, on review, ignored, misapprehended, or victim was a minor during the commission of the crime and
misinterpreted facts or circumstances supportive of or that the offender was her parent.15 Although the information
crucial to his defense. alleged that the victim was only 14 years of age at the time
of the rape, the State did not duly establish such
The denial of the accused, being worthless, was properly circumstance because no birth certificate, or baptismal
disregarded. It was both self-serving and certificate, or other competent document showing her age
uncorroborated.1avvphi1 It could not, therefore, overcome was presented. Her testimony regarding her age without any
the positive declarations against the accused and the independent proof is not sufficient. 16 As a result, the penalty
positive identification of the accused by AAA, 11 whose good for simple rape was properly reclusion perpetua.
DAZZLE DUTERTE 2
OPINION Evidence - Case no. 62
Prevailing jurisprudence leads us to affirm the CAs ruling

that AAA was entitled to P50,000.00 as civil indemnity,17 and
P50,000.00 as moral damages, 18 without need of any
pleading and proof. Similarly correct was the CAs grant of
P25,000.00 as exemplary damages. 19 In People v. Mira,20 we
observed that "when either one of the qualifying
circumstances of relationship and minority is omitted or
lacking, that which is pleaded in the information and proved
by the evidence may be considered as an aggravating
circumstance." In this case, the relationship between the
victim and the accused is an aggravating circumstance
because it was alleged in the information and duly proved
during the trial. Thus, conformably with Article 2230 of the
Civil Code, which provides that "in criminal offenses,
exemplary damages as a part of the civil liability may be
imposed when the crime was committed with one or more
aggravating circumstance," we ratify the award of
exemplary damages.
WHEREFORE, the Court affirms the decision promulgated

on July 14, 2006 in CA-G.R. CR. H.C. No. 00158.
SO ORDERED.
DAZZLE DUTERTE 3

62 - People Vs Felan

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62 - People Vs Felan

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OPINION Evidence - Case no.

motive to impute such a heinous act to her own father was

Prevailing jurisprudence leads us to affirm the CAs ruling

WHEREFORE, the Court affirms the decision promulgated

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