This case emphasizes that in rape cases, an affidavit of desistance from the victim does not automatically lead to the dismissal of charges, especially when there is evidence of coercion or manipulation. The Supreme Court affirmed the conviction of Roberto Bation for raping his daughter, highlighting that the victim’s initial affidavit of desistance was invalid due to the undue influence of her aunt. This ruling underscores the court’s commitment to protecting vulnerable victims and ensuring that justice is served, even when victims are pressured to withdraw their complaints.

When a Father’s Betrayal Meets a Daughter’s Fight for Justice

The case of People of the Philippines vs. Roberto Bation revolves around the horrific acts of Roberto Bation, who was charged with three counts of rape against his own daughter, Editha. The incidents allegedly occurred in July 1994 when Editha was fifteen years old. Initially, Editha filed complaints against her father, but later, she executed an affidavit of desistance, stating she had forgiven her father. However, she subsequently retracted this affidavit, claiming she was coerced by her aunt, Marianita Bation, to protect Roberto from imprisonment. The trial court convicted Roberto Bation on all three counts, sentencing him to death. The case reached the Supreme Court for automatic review, focusing on whether the prosecution had proven Bation’s guilt beyond a reasonable doubt, considering the conflicting testimonies and the affidavit of desistance.

Building on this foundation, the prosecution presented evidence illustrating the Bation family dynamics and the events surrounding the rape incidents. Editha testified that her father raped her on three separate occasions, threatening her and her mother if she revealed the abuse. Months later, Editha’s aunt, Marianita Bation, brought her to a “manghihilot” because Marianita suspected she was pregnant. A doctor confirmed Editha was five months pregnant. However, Editha, assisted by her mother Candida Bation, executed an Affidavit of Desistance, stating that she had “forgiven the accused for the acts he had committed against me after he had asked forgiveness from me” and that she was no longer interested in pursuing the cases.

However, Editha later recanted her initial testimony and affidavit of desistance, explaining that her aunt coerced her into signing it to protect Roberto from jail. She testified that she had not forgiven her father and recounted the details of the rapes. Her mother, Candida Bation, also initially supported the affidavit of desistance, but later retracted her testimony. She testified that Marianita threatened her daughter Editha if she did not sign the affidavit of desistance. Social worker Rosalie Casinillo, investigated the matter and supported Editha’s claim of coercion.

Conversely, the defense presented Marianita Bation, who testified that Roberto was with her and other siblings during the dates of the alleged rapes. She said that Editha had told her that a certain Eyok was the father of her child. Roberto Bation denied the charges, claiming he was too old to experience an erection and that he was in Kayok, not Mauswagon, on the dates of the alleged rapes. The defense argued that Editha’s pregnancy timeline did not align with the alleged rape dates in July 1994.

The Supreme Court thoroughly reviewed the evidence and applicable laws, particularly Article 335 of the Revised Penal Code, as amended by R.A. 7659, which defines rape and its corresponding penalties. The court emphasized that rape is committed by having carnal knowledge of a woman under circumstances such as force, intimidation, or when the woman is under twelve years of age. The law prescribes the death penalty when the victim is under eighteen years of age and the offender is a parent, ascendant, step-parent, guardian, or relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.

The court recognized the challenges faced by victims of sexual assault in reporting the crime and the complexities of retraction. In its analysis, the Supreme Court stated:

“While the evidence on record is bereft of proof of physical resistance on Editha’s part, physical resistance need not be established in rape when threats and intimidation are employed and the victim yields to the bestial desires of the rapist because of fear.”

The Supreme Court stated that Editha’s testimony showed that the accused succeeded in having carnal knowledge of her on three separate occasions under threatening and intimidating circumstances. The defense argued that the pregnancy timeline did not align with the alleged rape dates. However, the court cited People v. Adora, stating that the identity of the father of the victim’s child is a non-issue and the pregnancy is beside the point. What matters is the occurrence of the sexual assault committed by appellant on the person of the victim on four separate occasions.

The Court noted:

“Computation of the whole period of gestation . . . becomes a purely academic endeavor. In this light, while most authorities would agree on an average duration, there are still cases of long and short gestations.”

It reasoned that the exactness of Dr. Literatus’s finding of Editha’s five-month pregnancy in November based on her abdominal distention is not full-proof. Thus, it does not discount the possibility that the accused raped and impregnated Editha in July and that Editha was actually only four and not five months into her pregnancy in November.

The court acknowledged the problematic nature of affidavits of desistance, noting that they can easily be secured from poor and ignorant witnesses, usually for monetary considerations. Addressing the affidavit of desistance, the Court emphasized:

“This Court looks with disfavor on affidavits of desistance because they can easily be secured from poor and ignorant witnesses, usually for monetary considerations and because it is quite incredible that after going through the process of having the accused apprehended by the police, positively identifying him as the rapist, and enduring humiliation and examination of her private parts, the victim would suddenly declare that the wrongful act of the accused does not merit prosecution.”

Furthermore, the Supreme Court stated that delay in reporting a crime is not uncommon for young girls because of the rapist’s threat on their lives. In *People v. Lusa*, the Court held that it was understandable that a fourteen-year old rape victim, about the same age as Editha, would be cowed into silence by the accused’s warning that she would be killed if she divulged the incident to anybody. With Editha’s positive identification of the accused, Roberto Bation, as the author of the dastardly acts committed upon her, the accused’s defense of denial and alibi must fall.

Accused is correct, however, in arguing that there was no sufficient proof of Editha’s age. The court clarified that for the special qualifying circumstance of minority to be appreciated, it must be alleged in the information or complaint and duly proved beyond reasonable doubt. The court stated that there must be independent evidence proving the age of the victim, other than the testimonies of prosecution witnesses and the absence of denial by the accused.

The Supreme Court modified the trial court’s decision, reducing the penalty from death to reclusion perpetua because the prosecution failed to present sufficient proof of Editha’s age. The court affirmed the award of P50,000.00 for each case as civil indemnity. The court lowered the award of P30,000.00 in each criminal case as exemplary damages to P25,000.00 in each case and increased the award of P10,000.00 for each case as moral damages to P50,000.00 for each case, in line with prevailing jurisprudence. The court also affirmed the order for the accused to support Editha’s offspring.

FAQs

What was the key issue in this case?	The key issue was whether Roberto Bation was guilty beyond reasonable doubt of raping his daughter, Editha, considering Editha’s initial affidavit of desistance and subsequent retraction, as well as the lack of conclusive evidence regarding Editha’s age.
Why did Editha initially execute an affidavit of desistance?	Editha initially executed the affidavit because she was coerced and threatened by her aunt, Marianita Bation, who wanted to protect Roberto from being imprisoned. Marianita controlled the family’s finances and pressured Editha and her mother to withdraw the complaints.
What legal principle did the Supreme Court emphasize regarding affidavits of desistance?	The Supreme Court emphasized that affidavits of desistance are viewed with disfavor, especially in cases involving vulnerable victims, because they can easily be secured through coercion, manipulation, or monetary considerations. The court requires careful scrutiny of such affidavits to ensure they are voluntary and not the result of undue influence.
How did the court address the discrepancy in the pregnancy timeline?	The court cited People v. Adora, stating that the pregnancy timeline and the identity of the father of the child were not the primary issues in the rape case. The crucial point was whether the sexual assault occurred as alleged by the victim, regardless of the pregnancy’s exact timing.
Why was the death penalty reduced to reclusion perpetua?	The death penalty was reduced because the prosecution did not provide sufficient independent evidence of Editha’s age at the time of the rapes. The law requires that minority, as a qualifying circumstance, must be proven beyond a reasonable doubt with reliable documentary evidence.
What type of evidence is considered sufficient proof of age in rape cases?	Sufficient proof of age typically includes a duly certified certificate of live birth, official school records, or other official documents that accurately reflect the victim’s date of birth. Testimonies alone are generally insufficient to establish the age beyond a reasonable doubt.
What damages were awarded to the victim in this case?	The Supreme Court affirmed the award of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages for each count of rape, totaling P150,000.00 as civil indemnity, P150,000.00 as moral damages, and P75,000.00 as exemplary damages. The court also ordered the accused to support the offspring of Editha.
What is the significance of the social worker’s testimony in this case?	The social worker’s testimony was crucial in corroborating Editha’s claim that she was coerced into signing the affidavit of desistance. The social worker highlighted the manipulation by Editha’s aunt and the vulnerability of Editha and her mother, which supported the retraction of the affidavit.

The Bation case serves as a stark reminder of the complexities involved in prosecuting rape cases, particularly when victims are subjected to external pressures. It affirms the court’s resolve to prioritize the welfare of the victim and ensure a thorough investigation, even when faced with retractions or affidavits of desistance. This decision underscores the importance of robust support systems for victims and the need for careful examination of all factors influencing their testimonies.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People of the Philippines vs. Roberto Bation, G.R. Nos. 134769-71, October 12, 2001