PEOPLE v BENTAYO

People of the Philippines Vs. Henry Bentayo

G.R. No. 216938 

June 5, 2017 

FACTS: 

Sometime in the morning of September 27, 2006, the victim's mother CCC told the former to accompany her stepfather, appellant, to the farm at Lagao, Lambayong, Sultan Kudarat to help the latter in making charcoal. Afterwards, appellant suddenly held the hands of AAA, then covered her mouth, and dragged her. Appellant warned AAA not to shout otherwise he would hack her. AAA tried to resist but was overpowered by appellant's strength. Appellant then laid her on the ground, undressed her, removed her pants and underwear, showed his penis, and masturbated. Thereafter, appellant mounted on top of AAA, spread her legs, inserted his penis into her vagina, and made several coitus movements, all the while oblivious of AAA's pleas. 

On November 6, 2007, around 8 o'clock in the evening, appellant raped AAA again at their kubo in the farm. While AAA was sleeping, she felt appellant, who was armed with a bolo, touch her face, her breast and then her vagina. Appellant proceeded to undress her, kissed her private parts, and then threatened to kill her if she shouted. Appellant then mounted on top of AAA and inserted his penis into her vagina. 

Thereafter, appellant further threatened AAA that he will kill her, her mother and her siblings if she told anyone what happened. Cordero, a neighbor of AAA, on November 29, 2007, heard the latter crying, thus, she immediately went to AAA's house to peep inside and saw appellant beating AAA. When Cordero went near the door, appellant stopped beating AAA and immediately went out of the house and walked away. It was then that AAA confided to Cordero that appellant was forcing her to go with him to the farm where appellant intends to rape her again. Cordero relayed the matter to AAA’s mother. Cordero, thereafter, accompanied AAA to the police station. 

The medical examination conducted on AAA showed that she has "old, healed lacerations of vagina at 1 o'clock, 3 o'clock; 5 o'clock; 7 o'clock and 11 o'clock." Hence, an Information was filed against appellant by the Honorable Court of Municipality of Lambayong, Province of Sultan Kudarat, Philippines. The said accused, armed with a bolo, with force, threat and intimidation, did then and there, wilfully, unlawfully and feloniously succeed in having carnal knowledge with his stepdaughter AAA, a fifteen (15) year old girl having been born on November 11, 1991 and daughter of CCC, wife of the accused, against her will and consent, which act of the accused debases, degrades the intrinsic worth and dignity of the child as a human being. 

Contrary to law, particularly Article 266-A paragraph 1 in relation to Article 266-B of the Revised Penal Code of the Philippines and Republic Act No. 7610. Appellant pleaded not guilty. The RTC, Branch 20, Tacurong City found appellant guilty beyond reasonable doubt of the crime of incestuous rape and sentenced him to suffer the penalty of reclusion perpetua. The CA affirmed the decision of the RTC with modification. Hence, the present appeal. 

ISSUES: 

Whether or not there is sufficient evidence in convicting appellant-appellee. Whether or not the lower courts erred by charging accused-appellant guilty beyond reasonable doubt of incestuous rape and is sentenced to suffer the penalty of reclusion perpetua, without the benefit of parole. 

HELD: 

According to appellant, the prosecution was not able to prove his guilt beyond reasonable doubt. The appeal lacks merit. The clear and straightforward testimony of AAA, as corroborated by the medical findings show beyond reasonable doubt that AAA was raped. 

When the victim's testimony is corroborated by the physical findings of penetration, there is sufficient foundation to conclude the existence of the essential requisite of carnal knowledge. As to appellant's contention that the testimony of AAA is full of inconsistencies and, hence, should not be given credence, this Court has ruled that discrepancies referring only to minor details and collateral matters do not affect the veracity or do not detract from the essential credibility of a witness' declarations, as long as these are coherent and intrinsically believable on the whole. Appellant also insists that the inability of AAA to remember the time and date when the crime was committed is detrimental to the case of the prosecution. 

This Court finds such argument worthless. The date and time of the commission of the crime of rape becomes important only when it creates serious doubt as to the commission of the rape itself or the sufficiency of the evidence for purposes of conviction. Anent appellant's defense of denial and alibi, bare assertions thereof cannot overcome the categorical testimony of the victim Under paragraph 1 (a) of Art. 266-A of the RPC, the elements of rape are: (1) that the offender had carnal knowledge of a woman; and (2) that such act was accomplished through force, threat, or intimidation. However, when the offender is the victim's father, as in this case, there need not be actual force, threat or intimidation because when a father commits the odious crime of rape against his own daughter, who was also a minor at the time of the commission of the offenses, his moral ascendancy or influence over the latter substitutes for violence and intimidation. 

Thus, all the elements are present. Wherefore, the appeal of Henry Bentayo is dismissed for lack of merit and the Decision dated November 14, 2014 of the Court of Appeals affirming the Judgment dated September 2, 2009 of the Regional Trial Court, Branch 20, Tacurong City in Criminal Case No. 3027, and convicting appellant of the crime of incestuous rape defined and penalized under Art. 266-A (1) in relation to Article 266-B of the RPC, as amended by R.A. 8353 and Republic Act No. 7610, and imposing the penalty of Reclusion Perpetua without eligibility for parole under R.A. No. 9346 is affirmed with modification.