Petitioner
People
Respondent
Antonio Dalisay y Destresa
Citation
G.R. No. 188106
Court
Supreme Court
Division
Third Division
Ponente
Nachura, J.
Decided
November 25, 2009

Summary

Antonio Dalisay, live-in partner of victim's mother, was charged with raping his 16-year-old stepdaughter on July 10, 2003, in Quezon City. The victim testified that Dalisay forced her down, removed her clothes, and raped her despite resistance. Medical examination confirmed recent and previous sexual trauma. Dalisay had been molesting the victim since she was 13, using threats against her family to ensure silence. The RTC convicted him of qualified rape, but the CA modified this to simple rape due to insufficient allegation of qualifying circumstances. The Supreme Court affirmed the simple rape conviction, finding the victim's testimony credible and rejecting Dalisay's denial. The Court emphasized that Dalisay's moral ascendancy as a father figure constituted sufficient intimidation. The penalty of reclusion perpetua was imposed, with civil indemnity of P50,000, moral damages of P50,000, and exemplary damages increased to P30,000 to deter such aberrant behavior toward minors.

Statutes applied

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By the Intellegal Editorial Board · November 25, 2009

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