Friday, November 23, 2007 Man gets life for rape of daughter By Rhoda M. Hernandez
THE Regional Trial Court sentenced a man to "reclusion perpetua" after he was accused of raping his 14-year-old daughter inside their house in Calinan, Davao City six years ago.
RTC Branch 8 Judge Salvador Ibarreta found Gerry (complete name withheld to protect the dignity of the victim) guilty beyond reasonable doubt on the charges filed against him by the victim.
Gerry, assisted by his legal counsel, pleaded not guilty during his arraignment.
Court records showed that the prosecution presented the victim/complainant who testified that sometime in November 2001, she was in her room sleeping with his 90-year-old grandmother and her 6-year-old nephew when her father entered the room.
She claimed her father approached her and covered her mouth while he undressed her.
The victim further claimed the accused raped her.
She claimed that when the incident happened, her mother was in Panabo, where she was working.
The victim said she tried to wake up her grandmother, who was sickly, and her nephew but to no avail.
For the defense, the accused testified that sometime in January 22, 2001, he caught a certain Jimmy Tajaran sexually molesting her daughter. He claimed that together with his daughter, they reported the incident to the police.
He claimed was surprised that he was the one being charged with rape.
The court ruled the testimony of one witness, if credible and positive and if it satisfies the court, is enough to convict. It also ruled that that "the testimony of a young lass charging one with rape is given great weight for as long as it is credible as she would not make such accusation if not true and allow herself the embarrassment and pain at the trial."
In the case, the complainant testified in "straightforward and spontaneous manner and remained steadfast during cross-examination," Ibarreta said in his ruling.
He further ruled that "no daughter would accuse her father of a serious crime of rape, risk his imprisonment if the same was not true."
