People v. Navasero,
Sr.
G.R. No. 234240
February 6, 2019
FACTS:
RTC and
CA convicted Noel Navasero, Sr. y Hugo of the crime of qualified rape. AAA was
raped 15 times by her father while she was still a minor. When she finally had
mustered the courage to report the incident, she was accompanied by her mother
to the DSWD and Hugo was convicted and ordered to pay for each count of
qualified rape. Her father avers that her testimonies were general and were
merely to take revenge against him because of his way of punishment for
discipline.
ISSUE:
Whether
or not Navasero’s defense be given credence.
HELD:
No. In
rape cases, the credibility of the victim is almost always the single most important
issue. If the testimony of the victim passes the test of credibility, which
means it is credible, natural,
convincing and consistent with human nature and the normal course of things,
the accused may be convicted solely on that basis, unless the records show
facts or circumstances of material weight and substance that the lower court
overlooked, misunderstood or misappreciated, and which, if properly considered,
would alter the result of the case. While there are some who may have found the
courage early on to reveal the abuse they experienced, there are those who have
opted to initially keep the harrowing ordeal to themselves and attempt to move
on with their lives. This is because a rape victim’s actions are oftentimes
overwhelmed by fear rather than by reason. The perpetrator hopes to build a
climate of extreme psychological terror, which would numb his victim into
silence and submissiveness. Incestuous rape further magnifies this terror.
Moreover, in incest, access to the victim is guaranteed by the blood
relationship, magnifying the sense of helplessness and the degree of fear. The
fact that it took AAA years before she wa able to muster up the courage to
confide in her mother does not make her story unture, especially in view of
Navasero’s threats and physical abuse. Wherefore, Navasero, Sr. is guilty of 15
counts of qualified rape.
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