People v. Dela Cerna

People v. Dela Cerna Summary Cases: •

People of the Philippines vs. Ernesto dela Cerna

People v. Dela Cerna Subject: Degree of culpability; aggravating circumstances; minority of the rape victim Facts: Six separate complaints were filed against accused-appellant charging him with rape committed on five separate instances. rene Dela Cerna recalled that one afternoon when she was only seven years old! her father! appellant appellant herein! bec"oned her to come inside the room. #ppellant #ppellant undressed her and made her lie down. #ppellant #ppellant then played with her private parts and touched her vagina with his penis. #ppellant #ppellant did the same act to rene many times. #fter raping her on separate occasions! occasions! appellant cautioned rene not to report to anybody what happened. rene eventually eventually revealed the rapes to her two best friends in school! Cheryl and $ernadette. $ernadette. $ernadette! $ernadette! in turn! told her own mother mother what what rene rene divulged divulged.. $ernade $ernadette% tte%s s mother mother brough broughtt her to the DS&D. rene subse'uently executed an affidavit of desistance and explained that she decided to forgive her father for the sa"e of her mother and her younger siblings who are dependent upon their father for support. t was stated therein that it was not her voluntary acts as she was only influenced and forced by the people who came to intercede in her action. (n )ovember *+! ,++! the trial court rendered udgment finding dela Cerna guilty of six counts of rape. /he accusedaccused-app appella ellant nt assails assails said decision decision due to insuffic insufficienc iency y of evidenc evidence. e. #ccused #ccused-app -appella ellant nt cannot cannot capitali0e capitali0e on rene%s affidavit of desistance. desistance. Such an affidavit! affidavit! by and of itself! does not mean that what rene previously previously said was false or the recitals of the affidavit itself are true. true. (n the contrary! the Court Court has invariably regarded such affidavits affidavits as exceedingly unreliable. unreliable. /he reason is because affidavits of retraction can all too easily be secured from poor and ignorant witnesses! usually through intimidation or monetary consideration.

Held ,. &e affirm the trial trial court%s convicti conviction on of accused-ap accused-appell pellant ant for the six counts of rape committ committed ed Certain Certain facets of this case! however! need to be carefully threshed out in order to fully administer ustice to all parties concerned1 *. /wo of the six instances instances of rape - on 2anuary 2anuary ,3! ,++ ,++ and December December *4! *4! ,++5 6 occurred before before the effectivity of 7# 843+ 9Death 9Death Penalty :aw :aw which too" effect only on December 5,! ,++5. ,++5. #s correctly held by the trial court! the imposable penalty is reclusion perpetua  for each of these two crimes of rape. 5. #rt. >#rt. 553. /he death death penalty penalty shall shall also also be imposed imposed if the the crime crime of rape is committed with any of the following attendant circumstances1 circumstances1 ,. when the victim is under eighteen eighteen 9, years of age and the offender is a parent! ascendant! step-parent! guardian! relative by consanguinity or affinity within the third civil degree! or the common-law spouse of the parent of the victim.?

4. $oth circumstances of minority and relationship were alleged in the informations.