Petitioner
People
Respondent
Avelino Felan
Citation
G.R. No. 176631
Court
Supreme Court
Division
Third Division
Ponente
Bersamin, J.
Decided
February 2, 2011

Summary

Avelino Felan was prosecuted for qualified rape of his 14-year-old daughter AAA on February 12, 1995. The RTC initially convicted him of qualified rape and imposed the death penalty. The Court of Appeals modified the conviction to simple rape due to insufficient proof of the victim's minority, reducing the penalty to reclusion perpetua. The Supreme Court affirmed the CA decision, rejecting Felan's appeal that questioned the victim's credibility based on alleged drug use and prostitution. The Court held that such factors do not negate rape or destroy witness credibility. The conviction was sustained based on the victim's credible testimony, corroborated by medical evidence and witness testimonies. The Court awarded P50,000.00 civil indemnity, P50,000.00 moral damages, and P25,000.00 exemplary damages, emphasizing that relationship as an aggravating circumstance justifies exemplary damages under Article 2230 of the Civil Code.

Statutes applied

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By the Intellegal Editorial Board · February 2, 2011

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