Uncle convicted of child rape of his 14-year-old niece

Uncle convicted of child rape of his 14-year-old niece

The Philippine court decisions finding those accused of child sexual abuse guilty and sentencing them to life in prison on the testimony of the child victim is welcome news for the many victims of child sexual abuse and should be published to give hope and encouragement to child victims and their supportive parents to seek justice and they give a stern warning to all would-be child abusers. In the case cited here pronounced last January 17, 2023, we learn an important lesson.

In the case of People of the Philippines vs. Kharlo Rondolo Y vera Alis “Oyoy”, the accused was convicted of rape by Judge Gemma Theresa B. Hilario-Logronio after the Prosecutor Fiscal Santos was able to provide strong evidence of guilt and rebutted the presumption of Innocence to the court of a 14-year-old child, a niece of the accused.

The judge pronounced that the court gives due credence and due weight to the testimony of the minor AR because her testimony is spontaneous, clear, positive and probable. The judge said, “In all her innocence she was able to narrate before the court and answer all the cross-examination questions with consistencies, and convictions…… “

She was only 14 years then. The only defense of the accused is denial. Prosecutor Santos provided medical evidence also. The judge cited a previous court of Appeal Decision, People vs Jessie Gabriel.CA-GR stated the following:

“Denial is the inherently weak defense which cannot outweigh positive testimony, as between a categorical statement that has the earmarks of truth on the one hand and bare denial, on the other, the former is generally held to prevail”.

The Judge stated that:
“Jurisprudence dictates that the fact that the child is under the coercion and influence of an adult is sufficient to classify the child victim as one subjected to other sexual abuse, especially that the culprit is the uncle of the minor, (and refers to Quimvel vs. People G.R. No.214497, April 18, 2017) Necessarily the accused has the moral ascendency or moral authority over the minor, AAA thus he can easily influence and coerced AAA. Thus in the case of People vs. Tulagan, it was pronounced that force, threats, or intimidation as an element of rape is substituted by “Moral Ascendency or moral Authority”.

The court gave credence to the positive declaration of the minor that she was raped by her uncle than the mere denial of the accused.

WHEREFORE in light of the foregoing the accused is hereby, found GUILTY, beyond reasonable doubt of rape…….”

What is of great interest in this judgment is the reference to previous court decisions establishing that “moral ascendency and moral authority” over a child victim is a strong substitute for to force, threats or intimidation.

With the new law, RA 11648, an act providing for stronger protection against rape and sexual exploitation and abuse, amended RA 8353 of 1997 by raising the age of sexual consent from 12 to 16 years to further shield minors from rape and other acts of sexual abuse. Mar 28, 2022

It provides that any act of sexual molestation of a child 16 years old or younger is statutory rape. This gives a child a greater chance of having justice done and being seen by all to have been done.

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