CA upholds guilt of father who raped his own daughter

CEBU, Philippines - The Court of Appeals in Cebu has affirmed the Regional Trial Court ruling convicting a father who raped his own daughter in 2004.

Associate justice Ramon Paul Hernando, in a 10-page decision, found no evidence to warrant the reversal of the lower court's decision.

"In fine, the court holds that the prosecution had indisputably established the commission of the offenses attributed to appellant. The latter invoked mere denials and alibi in insisting on his innocence. These defenses are concededly weak, easy to fabricate and negative in nature," the decision reads.

The Freeman is withholding the names of the parties to protect the interest of the victim.

In 2010, RTC Branch 24 Judge Olegario Sarmiento found the accused-appellant guilty of rape and sentenced him to suffer the penalty of 20 to 40 years imprisonment and another six years for acts of lasciviousness.

Accused-appellant appealed his conviction citing the prosecution's alleged failure to prove his guilt beyond reasonable doubt.

He said there were inconsistencies in the testimony of the victim, then 16-year-old, as to the weapon he brought, the exact time as well as the place where the alleged incident happened.

However, Hernando ruled in favor of the prosecution citing the appeal of the accused-appellant "is bereft of merit."

"In this case, the trial court's perspective assessment of the guilt of the appellant is fully supported by the evidence on record. The testimony of the victim regarding the sexual assault committed by her father against her is so graphic, straightforward and duly supported by the medical findings as to leave no doubt that the molestations indeed transpired," the decision reads.

The incident happened sometime in March 2004 at 8:30 p.m. and December 30, 2004 at 9:00 p.m.

Based on the account of the victim, while she was staying with her grandmother sometime in March 2004 at 8:30 p.m., she was fetched by her father to bring her home.

At that time, she said her father was drunk and angry at her. While on their way to their residence, she said her father told her to stop so they could have some rest and allegedly chose a secluded area.

There, she said she was sexually abused by her father and threatened to kill her if she would resist. Her father was allegedly armed with a bolo. The incident was repeated on December 30, 2004.

The incident was discovered by the victim's mother after some of their relatives allegedly saw the bestial act of the father, thus, the filing of the criminal case. – (FREEMAN)