People vs. Dollano

G.R. No. 188851 (October 19, 2011)

Facts:

The case involves Marciano Dollano, Jr., who was charged with multiple counts of statutory rape and rape against his own daughters, AAA and BBB. The charges were filed in the Regional Trial Court (RTC) of Sorsogon, stemming from incidents that occurred between 1995 and 1998.

In Criminal Case No. 1381, it was alleged that in October 1995, AAA, who was under 12 years old, was raped by her father in their home shortly after the death of her mother. The second incident, charged in Criminal Case No. 1382, occurred in 1997, again involving AAA. In both instances, AAA testified that her father removed her clothing and had carnal knowledge of her while she was unable to seek help due to fear of him wielding a bolo.

In Criminal Case Nos. 1387 and 1388, BBB, who was 15 years old at the time of the first incident in November 1998 and 13 years old during the second incident in 1997, also testified that her father raped her in similar circumstances. Both daughters initially kept silent about the abuse due to fear but eventually reported the incidents to authorities after seeking medical assistance for a separate issue.

The prosecution presented testimonies from both victims, corroborated by medical findings indicating signs of sexual abuse. The defense, however, presented a witness who testified that he did not believe the accusations against Dollano.

In a surprising turn, both AAA and BBB recanted their testimonies years later, claiming they had forgiven their father and that their initial accusations were made out of anger due to maltreatment. Despite this recantation, the RTC found Dollano guilty of all charges, sentencing him to reclusion perpetua and ordering him to pay damages to both victims.

Legal Issues:

1. Whether the testimonies of AAA and BBB, despite their later recantation, were credible enough to support a conviction for statutory rape and rape.
2. The implications of the recantation of testimonies on the conviction of the accused.
3. The application of the law regarding the age of the victims and the relationship between the accused and the victims in determining the nature of the crime.

Arguments:

• Prosecution's Argument: The prosecution maintained that the testimonies of AAA and BBB were credible and consistent, supported by medical evidence. They argued that the recantation of the victims should not negate their earlier statements, as recantations are often unreliable and can be influenced by various factors, including intimidation or familial pressure.

• Defense's Argument: The defense contended that the testimonies lacked specific details and that the victims did not resist or seek help during the alleged incidents, which raised doubts about the credibility of their claims. They emphasized the importance of the recantation, arguing that it demonstrated the innocence of Dollano and should lead to his acquittal.

Court's Decision and Legal Reasoning:

The RTC convicted Dollano, affirming the credibility of the victims' initial testimonies over their later recantations. The court noted that recantations are generally viewed with skepticism, as they can be motivated by various external pressures. The RTC also highlighted that the age of the victims at the time of the offenses established statutory rape, as the law presumes that minors cannot consent to sexual acts.

On appeal, the Court of Appeals (CA) upheld the RTC's decision, emphasizing that the trial court was in the best position to assess the credibility of the witnesses. The CA also recognized the relationship between the accused and the victims as a qualifying circumstance that aggravated the crime. The appellate court modified the civil liabilities, increasing the amounts awarded to the victims.

Significant Legal Principles Established:

1. Credibility of Witnesses: The trial court's assessment of witness credibility is given great weight, especially in cases of sexual offenses, where the demeanor and testimony of the victims are crucial.
2. Recantation of Testimony: Recantations are generally viewed with suspicion and do not automatically negate prior credible testimonies. Courts are cautious about accepting recantations as they may be influenced by coercion or other factors.
3. Statutory Rape: The law presumes that minors under 12 years of age cannot consent to sexual acts, and the mere act of carnal knowledge is sufficient to establish the crime of statutory rape.
4. Relationship as an Aggravating Factor: The relationship between the offender and the victim can elevate the severity of the crime, particularly in cases of rape involving family members.