People v. ZZZ

 

People v. ZZZ

G.R. No. 224584

September 4, 2019

FACTS:

                The RTC and CA convicted ZZZ for the crime of 1 count of Rape by Sexual Intercourse and 1 count of Rape by 1 count of Rape by Sexual Assault. That on or about 1am in Sultan Kudarat, appellant succeeded in having carnal knowledge of AAA, his 13 years old daughter against her will and consent.

                AAA was held by his father and covered her mouth. Using his knee, he spread her legs, spat saliva on his palm and wiped it on his penis. He inserted his penis into her vagina and mounted her for 20 minutes. She did not shout out of fear. He had placed 2 knives near her head and threatened to kill her and her sibling and mother.

ISSUE:

                Whether or not the appellant is guilty of qualified rape by sexual intercourse/assault

HELD:

                Yes. First. Complainant was only 13 years old when her father sexually ravished her. Courts are inclined to give credit to her account of what transpired, considering not only her relative vulnerability but also the shame to which she would be exposed if the matter to which she testified is not true. Second. She has not alluded to any ulterior motive which could have impelled his daughter, herein complainant, to falsely charge him with such serious crime of rape. Third. Dr. Collado confirmed that private complainant had healed vaginal lacerations at 3 o’clock and 10 o’clock positions in her vagina. Fourth. The trial court’s assessment of the credibility of the witnesses, the probative weight of their testimonies and the conclusions drawn from these factual findings are accorded the highest respect by the appellate court.