PEOPLE v ATOP

G.R. 124303-05 | Feb. 10, 1998 | J. Panganiban

FACTS:

The accused is the common law husband of the victims grandmother (Like
WTF).
Sometime in 1991, Regina Guafin (10) told her grandmother that his
grandfather, Alejandro Atop (37), inserted his finger into her vagina. Aside
from not believing her, Trinidad (the grandmother) told her it was just a
manifestation of fatherly concern (I cant even.).
Oct. 9, 1992 [1st rape]: As Regina (then 12 y/o) was approaching Atop, he
suddenly rushed towards her, removed her panty and inserted his male organ
into her vagina (well that escalated quickly). Aside from gagging her, he was
also carrying he knife so she couldnt do anything. This happened again
sometime in 1993 [2nd rape] and on Dec. 26, 1994 [3rd rape]. Every time, she
told her grandmother but Trinidad wouldnt believe her.
Dec. 31, 1994 [4th rape]: She was molested in the presence of her aunt and
Atops two nieces. Regina and the two nieces kicked him so he stopped.
January 1995: She was at her other grandfathers house when the accused
came and tried to force her to go home. He kept on pulling her until they
reached a waiting shed where the accused smashed her to the concrete wall.
This explained all the bruises and abrasions in her body upon medical
examination.
She only reported such incidents in January 1995 because she was afraid
Atop will kill her. She did not exactly tell the truth (in her sworn statement,
she only said that a finger was inserted) at first because Atop was still not
apprehended (he was hiding). When finally he was arrested, she requested
the fiscal to re-investigate and then told them what was really done to her.
He was found guilty of 3 counts of rape and was sentenced to 2 terms of
reclusion perpetua and death. In the other rape incident (Dec. 31, 1994), he
was found not guilty for insufficiency of evidence.

ISSUES/HELD/RATIO:
WON the aggravating circumstance of nocturnity is present: NO.

No evidence that the accused intentionally sought the darkness to do his

dastardly acts.

WON relationship is present as an aggravating circumstance: NO.

There is no blood relationship or legal bond that links the two.

Scope of relationship:
o Spouse
o Ascendant
o Descendant
o Legitimate, natural or adopted sibling

o Relative by affinity in the same degree (in-laws)

Since he is only a common-law husband, Court said nope.

WON the death penalty is rightfully applied: NO.

For rape, it can only be given if the victim is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the 3 rd civil degree, or
the common law spouse of the parent.
And since in this, Atop was the common law spouse of the grandmother, still
nope.
SCs excuse: penal laws are construed in favor of the accused

(Because Atop was appealing that the RTC was wrong in finding him guilty beyond
reasonable doubt) WON he is: YES.

Recognized rule: testimonies of rape victims who are young and immature
are each worthy of full credence. In this case, she was 15 y/o.
[And I quote] It is unthinkable that complainant, a young lady of fifteen
years, would allow her private parts to be examined and would withstand the
rigors of a public trial -- along with the shame, humiliation and dishonor of
exposing her own mortifying defilement -- if she was not in fact ravished.
They said her tears and testimonies conveyed the hurt, the pain and the
anguish she has suffered and lived with during all the years.

WHEREFORE, SC affirms the decision of the RTC but modifies the penalties to 3
counts of reclusion perpetua.