People v. Navasero, Sr.

 

People v. Navasero, Sr.

G.R. No. 234240

February 6, 2019

FACTS:

                RTC and CA convicted Noel Navasero, Sr. y Hugo of the crime of qualified rape. AAA was raped 15 times by her father while she was still a minor. When she finally had mustered the courage to report the incident, she was accompanied by her mother to the DSWD and Hugo was convicted and ordered to pay for each count of qualified rape. Her father avers that her testimonies were general and were merely to take revenge against him because of his way of punishment for discipline.

ISSUE:

                Whether or not Navasero’s defense be given credence.

HELD:

                No. In rape cases, the credibility of the victim is almost always the single most important issue. If the testimony of the victim passes the test of credibility, which means it is credible, natural, convincing and consistent with human nature and the normal course of things, the accused may be convicted solely on that basis, unless the records show facts or circumstances of material weight and substance that the lower court overlooked, misunderstood or misappreciated, and which, if properly considered, would alter the result of the case. While there are some who may have found the courage early on to reveal the abuse they experienced, there are those who have opted to initially keep the harrowing ordeal to themselves and attempt to move on with their lives. This is because a rape victim’s actions are oftentimes overwhelmed by fear rather than by reason. The perpetrator hopes to build a climate of extreme psychological terror, which would numb his victim into silence and submissiveness. Incestuous rape further magnifies this terror. Moreover, in incest, access to the victim is guaranteed by the blood relationship, magnifying the sense of helplessness and the degree of fear. The fact that it took AAA years before she wa able to muster up the courage to confide in her mother does not make her story unture, especially in view of Navasero’s threats and physical abuse. Wherefore, Navasero, Sr. is guilty of 15 counts of qualified rape.