Professional Documents
Culture Documents
PER CURIAM.:
It is disturbing enough to see that there has been a noticeable increase in the incidents of rape but
one is left completely appalled that this still growing number includes cases of the bestial act being
perpetrated on the young and innocent and, no longer too infrequently it seems, compounded by the
close kinship of the offender and the victim.
In People vs. Malagar, 1 the Court has had occasion to state that a
. . . (F)ather is looked up to as the protector and as the guardian of his family,
remaining ever wary of even the slightest harm that might befall it. It is difficult to thus
imagine that any such man could instead stand as the predator of his own flesh and
blood. Yet, we occasionally wound find ourselves so regrettably contending with it as
a fact. 2
In the instant case, the accused, Romeo Gallo y Igloso, was charged, docketed Criminal Case No.
2282, before the Regional Trial Court, Branch 68, of Binangonan, Rizal, with the crime of rape in an
information that read:
That on or sometime the period of May, 1994 in the Municipality of Cardona,
Province of Rizal, Philippines and within the jurisdiction of this Honorable Court, the
above-named accused, with lewd designs and by means of force and intimidation,
did then and there wilfully, unlawfully and feloniously have sexual intercourse with a
13-year old girl, Marites Gallo y Segovia.
CONTRARY TO LAW. 3
The accused pleaded not guilty; trial ensued in due time.
In a decision, dated 17 April 1986, Romeo Gallo y Igloso was ultimately convicted of rape committed
against his own daughter, Marites Gallo y Segovia, only then thirteen years of age. The death
penalty having been imposed by the trial court, the records of the case were transmitted to this Court
by way of an automatic review pursuant to Article 47 of the Revised Penal Code, as amended by
Section 22 of Republic Act No. 7659.
The Solicitor General recommends an affirmance of the decision. He makes the following statement
of facts:
For three years, since age ten, complainant Marites Gallo y Segovia suffered
repeated sexual abuses from her father, herein appellant Romeo Gallo y Igloso, the
last of which was in their house at Sitio Alacos, Lambac, Cardona, Rizal at around
7:00 in the evening (Exh. "A") in May 1994 (TSN, Feb. 8, 1995, pp. 4-5; March 13,
1995, p. 2).
That evening, appellant, taking advantage of the situation that Marites was only with
her younger brother who was already asleep, again imposed his bestial desire on his
own daughter. Subjecting his daughter to the usual threat that she would be killed if
anybody would know his bestiality, appellant (with his pants off) undressed Marites,
removed her underpants, kissed her and inserted his penis into her vagina (Annex
"A," TSN, Feb. 8, 1995, pp. 25-27).
After appellant's last sexual onslaught, Marites, now thirteen, finally mustered
enough courage and narrated her harrowing experience to her aunt Dolores del
[Prado]. Accompanied by the latter, Marites reported the incident to the Barangay
Captain of Lambac, Cardona, Rizal (TSN, Feb. 8, 1995, pp. 6-7). The incident led to
the investigation by the Cardona Police. Marites executed her complainant-affidavit
(Exh. "A," "A-1;" Id., pp. 8-10).
Marites was, thereafter, brought to Camp Crame, Quezon City and was examined by
Dr. Cristina B. Freyra who found Marites to be in a non-virgin state. The result of the
examination was reduced in writing and covered by Medico-Legal Report No. M0963-94 (Exh. "B," "B-1;" Id., p. 12; TSN, Sept. 5, 1995, pp. 6-7). 4
The defense pictured the accused as any other ordinary man in the family who had tried hard to
provide and care for his wife and children. At certain times, the accused conceded, he would meet
and drink with friends. The appellant's brief summed up the testimony of Gallo given before the court
below; viz:
Accused Romeo Gallo testified that be is a native of Masbate and he got married to
his wife Elvie Sigovia in 1975. They were married in the Island of Lambac, Cardona,
Rizal. Marites, the complaining witness in this case is his eldest child who was born
in 1977. Marites was born inn Bicol where Elvie, his wife, formerly resided. His
daughter Marites stayed with his mother-in-law in Bicol for three (3) years. After three
years, Marites already stayed with his family. In 1989, his family, together with
Marites, stayed [in] Mindoro up to 1994. During their stay in Mindoro they engaged
themselves [in] farming, planting palay, cassava and "kamoteng bagin." When asked
about the incident that Marites related during her testimony, that she was first
molested by the accused, he said that he [did] not know about their accusations. He
has no knowledge of any charge against him, for what Marites has said are not true.
He treated Marites as a family and he performs his obligation over his family. As far
as he remember[s], he spanked his children whenever they commit mistakes as a
part of discipline. He and his family alone were in Mindoro, his mother-in-law was not
with them.
In 1994, they moved to Lambac, Cardona, Rizal and there, they engaged in charcoal
making somewhere in the mountainous part of Lambac. With him was his whole
family of six (6) children and his wife, and they occupy a nipa hut. When asked of the
incident that happened in the mountainous part of Lambac where he was accused of
molestng [his] child Marites, he answered that he knows nothing about it. The truth is
that one time he beat Marites and may be she was hurt and related the matter to her
mother-in-law. His mother-in-laws was making "sulsol" to his daughter to file this
case against him so that he and his wife will be separated. His mother-in-law wanted
them to be separated because of his poverty. He tried to convince his child Marites to
discontinue filing this case but she did not listen. He [has] never molested her
daughter Marites Gallo even once.
On cross examination, he testified that when he married his wife Elvie Gallo, he was
then a charcoal maker and before their marriage he [did] not know her mother in law.
It was only because of the prodding of his mother-in-law that this case was filed by
her daughter. Even in 1975 when he got married to his wife Elvie he was still poor
and this may be the reason why his mother-in-law wanted him to be separated from
his family. At one time he inflicted punishment [on] Marites and this is probably the
reason why Marites agreed to file this case against him. On that occasion, he
spanked Marites on the buttocks. He admit[ted] to be drinking liquor for a long time
during the intervals of weeks . . . with companions in Lambac, Cardona, Rizal. They
have stayed in Mindoro from 1984 to 1993, then they moved to Lambac, Cardona,
Rizal. After the testimony of this accused, the defense rested its case. (TSN, pp. 317, November 27, 1995) 5
Contending that the prosecution has failed to overcome the Constitutional presumption of innocence
by an exacting standard of proof beyond reasonable doubt, appellant downgrades the testimony of
the complainant as being nothing but incredulous.
The Court has taken meticulous care in reviewing the evidence submitted by both the prosecution
and the defense. All possible angles have been considered in the process, for, as it has so recently
been said in People vs. Galera, 6 "the Court exercises the greatest circumspection" in its review of death
penalty cases since "there can be no stake higher and no penalty more severe . . . than the termination of
a human life." Regrettably in this instance, the Court must agree with the trial court in the judgment of
conviction.
Cognizant of the fact that the focal, as well as crucial, point in this review is the testimony of the
young victim, and because, except for a bare denial, there hardly is any direct rebutting evidence,
the Court finds it fitting to hear, here again, Marites, in her own words, on the unfortunate saga. Thus
A Yes, sir.
Q Now, in the last session when you were testifying in this case you
made mention of the fact that when asked where is your house
located, you said in Mindoro?
A The first time I was raped was in Mindoro and the last time he
raped me was in our house in Cardona, sir.
Q So you were raped by your own father earlier than you were raped
in Cardona in Mindoro?
A Yes, sir.
Q And can you remember when was that when you were raped by
your father in Mindoro?
A Yes, sir.
Q When?
A 1993, sir.
Q And how old were you when you were raped in 1993 by your
father?
A I was raped when I was ten (10) years old up to the age of thirteen
(13), sir.
Q How many times were you raped by your father from the time you
were ten (10) years old up to the time that you were 13 years old in
Mindoro?
Q Now, what did your auntie or you again [do] after that?
A She told us to go back to Lambak, sir.
Q For what purpose?
A We will talk together, sir.
Q Together with whom?
A We will talk with the Barangay Captain, sir.
Q Did you in fact go to the Barangay Captain in Lambak?
A Yes, sir.
Q What happened when you reached there?
A We talked together in the Barangay Hall and afterwards he was
brought in Cardona, sir.
Q When you said he you are referring to your father?
A Yes, sir.
Q Where in particular in Cardona were he taken?
A In the Municipal Hall, sir.
Q And were you with him when he was taken in the Municipal Hall of
Cardona?
A Yes, sir.
Q In what office in particular in the Municipal Hall of Cardona did you
go?
A In the office near the jail, sir.
Q Could it be the Police of Cardona?
A Yes, sir.
Q What happened there, what did you do there?
A I told them what really happened to me, sir.
Q And what did the Police do as you narrated what happened to you?
A They were listening and writing what I was narrating, sir.
Q In other words what you narrated was reduced into writing by the
Police?
A Yes, sir.
Q Now, I am showing to you the "Sinumpaang Salaysay ni Marites
Gallo," what relation if any has this document to that document which
you said the Police was writing down as you narrated then?
A Yes this is the document, sir.
Q Was it read and explained to you by the Investigator?
A Yes, sir.
Q And you understood the contents thereof?
A Yes, sir.
xxx xxx xxx
ASST. PROSECUTOR SOYANGCO:
Now, there appears a signature below the document marked already
as Exhibit "A" a signature on top of the typewritten name Marites
Gallo, whose signature is this?
A That is my signature, sir.
xxx xxx xxx
ASST. PROSECUTOR SOYANGCO:
Q So, you went to the Police of Cardona and your father and who
else are your companions?
A My mother and also my grandmother, sir.
Q What is the name of your mother?
A Elvie Gallo, sir.
A Yes, sir.
Q And who were with you when you were examined in Camp Crame?
A My aunt, Dolores del Prado, sir.
Q What happened when you were examined?
A The result of the examination is that I was not a virgin, sir.
xxx xxx xxx
ASST. PROSECUTOR SOYANGCO:
Back to your father . . . you mentioned in your testimony earlier that
your father was drank when he committed rape against you?
A Yes, sir.
Q Is your father a habitual drunkard?
A Yes, sir.
Q When he is in the influence of liquor he is violent, is that correct?
A Yes, sir.
Q Were you a victim of acts of violence of your father other than the
rape?
A Yes, sir.
Q What kind of cruelty did he inflict upon you?
A He pulled our hair, kicked us and mauled us, sir.
Q When you said "kami" you are not only referring to yourself but also
to others?
A Yes, sir also my mother.
Q Who else?
A Only the two (2) of us, sir.
Q Can you describe to the Honorable Court the sort of cruelty that the
accused inflicted towards your mother?
A He was also doing the same thing to my mother what he has done
to me, sir.
Q And that you mean your mother was also mauled?
A Yes, sir because he was jealous.
Q Jealous of whom?
A To the men [s]he was talking, sir.
Q Of your own knowledge do you know of a fact that your father
despite the fact that he is in jail is making threats to you and your
mother?
A Yes, sir.
Q What sort of threat if you know?
A He told us that he will kill us, sir.
Q And when did he tell you that he will kill you?
A He said the moment I get out of jail I will kill all of you, sir.
xxx xxx xxx
CROSS-EXAMINATION BY ATTY. JUAN B. SUCO, JR. ON
WITNESS MARITES GALLO:
Q You were first raped at Mindoro?
A Yes, sir.
Q And you were ten (10) years old, is that correct?
Q When was that?
A The year 1993, sir.
Q Do we understand that during that time you and your family were
still residing in Mindoro?
A Yes, sir.
Q Including your mother?
A Yes, sir.
Q Your brothers and sisters?
A I am the only girl, sir.
Q Are you the only daughter of your parents?
A Yes, sir and I have five (5) brothers.
Q Are you the youngest o[r] the eldest?
A I am the eldest, sir.
Q In what particular place in Mindoro were your residing?
A Gutad, Mindoro, sir.
Q Is that a barrio?
A No, sir we lived in a mountainous part of Mindoro, sir.
Q What month when you were first raped in 1993?
A May, sir.
Q But you did not file any complaint against you father?
A No, sir because I was afraid.
Q Neither you report what your father did to you to your mother?
A Because if I will tell the matters to my mother we will be killed, sir.
Q You only presumed it to yourself when you report the matter to your
mother?
A Yes, sir.
Q When you were raped for the first time did you offer resistance?
A Yes, sir.
Q In what manner?
A I pinched him and pushed him, sir.
Q You did not attempt to run away?
A He was able to hold me, sir.
Q By the way, what time was that when the incident happened?
A About 4:00 o'clock, sir.
COURT
Q 4:00 o'clock what?
A 4:00 o'clock in the afternoon, sir.
ATTY. SUCO:
Q Did that happen inside your house?
A Yes, sir.
Q Your mother was also there?
A She was not there, sir.
Q What about your other brothers?
A They were not there, sir.
Q The four (4) of them were not in your house when that incident
happened?
A There are five (5), sir.
Q Not even one (1) of them was inside your house?
A One (1) was there, sir the youngest.
Q How old is your youngest then?
A Two (2) years old, sir.
Q Can he talk already?
WITNESS:
A The same distance, sir.
ATTY. SUCO:
Q About a distance of thirty (30) meters?
A Yes, sir.
ASST. PROSECUTOR SOYANGCO:
We can stipulate on that.
ATTY. SUCO:
Q And you are referring that distance, you refer to the distance to one
of your neighbors?
A Yes, sir.
Q Do you know the name of that neighbor of yours?
A Yes, sir.
Q What is the name?
A Arias, sir.
Q How many were they living in the house?
A Three (3), sir, his wife and a child.
Q Only one (1) child?
A Yes, sir.
Q Now, your other neighbor, can you also demonstrate the distance?
A The same distance, sir.
Q And again do you know the name?
A Yes, sir.
Q What is the name?
A Bernard, sir.
Q Is he a man or a woman?
A He is a man, sir.
Q Is he married?
A He is married, sir.
Q How many were they living inside the house?
A His wife and his four (4) children were residing there, sir.
Q So, all in all you have nine (9) neighbors in that two (2) houses?
A Yes, sir.
Q Now, when the incident happened did you not attempt to shout for
help?
A They were not there at that time, sir.
Q Why did you say that they were not there? Did you visit the two (2)
houses before you were raped by your father in your house?
A They went to the barrio, sir.
Q The nine (9) of them went to the barrio?
A Yes, sir because they always go to that place and nobody was left,
sir.
Q How do you know that?
A They went to the barrio and the house was closed, sir.
Q Did all of them inform you that they will go to the barrio?
A Yes, sir.
Q They informed you before they left for the barrio?
A They talked to me and told me to watch their house while they were
away in the barrio, sir.
Q When that incident was in progress did you not shout or tell your
youngest brother to report the matter to your mother who was in the
barrio?
A He cannot talk yet at that time, sir.
Q But you did not tell him?
A Even if I told him he cannot understand, sir.
Q In other words you did not tell anything to your brother?
A No, sir because even if I told him he cannot understand, sir.
Q You just allowed your father to do what he wanted to do?
A I also reported what happened, sir, after we had transferred
residence, sir.
Q While the incident was still in progress you did not tell any word to
your younger brother or shout hoping that somebody will rescue you?
A That time my brother was sleeping, sir.
Q Now, will you explain what exactly did your father [do] to you at that
particular incident?
A Yes, sir.
Q What did he [do] to you?
A He first undress me, sir and he raped me.
Q You did not offer resistance when he removed your dress?
A I tried to resist, sir but he is a man that is why I cannot resist him,
sir.
Q Is that the only thing happened, did he just removed your dress?
A He removed my panty or underwear, sir.
Q Is that the only one?
A Yes, sir.
Q So, if that is the case it could be that you assisted him or you
positioned yourself in such a manner that he can insert his penis
immediately inside your vagina?
xxx xxx xxx
Q What did you feel when the penis of your father was already inside
your vagina?
A I felt pain, sir.
Q How long did the penis of your father was inside your vagina?
A For quite a long time, sir.
Q Up to the next morning his penis was inside your vagina?
A No, sir.
Q How long in terms of hours?
A For less half hour, sir.
Q So, for 59 minutes?
xxx xxx xxx
ATTY. SUCO:
Twenty nine (29) minutes I mean.
WITNESS:
A Yes, sir.
xxx xxx xxx
ATTY. SUCO:
Q Was your vagina bleeding when your father finished?
A Yes, sir.
Q By the way, was that the first time that you were sexually abused
by any person?
A Yes, sir.
Q After that did you try to consult a doctor for the purpose of treating
your vagina when you said it was bleeding?
A There was no doctor around, sir and the doctor was far in our
house and the doctor was in Tanyag, sir.
Q You did not consult to any albularyo?
A The place of the albularyo was also far, sir.
Q You did not apply any medicine to your vagina which was
bleeding?
A I placed some medicine, sir.
Q What medicine?
A Oil, sir.
Q And did it heal when you applied oil?
A Yes, sir.
Q Now, you also testified that you were abused many times starting
in Mindoro. Now, please tell this Court how many times?
A For a month, sir.
xxx xxx xxx
WITNESS:
A About five (5) times, sir.
ATTY. SUCO:
Q In all that incidents your father was able to insert his penis to your
vagina?
A Yes, sir.
Q Do you have a menstruation already?
A Yes, sir.
be the subject of embarrassment, public scrutiny, pity or ridicule. Fear, brought about by threat or when,
such as in the case at bar, the rapist is living under the same roof with his victim, 20 is a circumstance that
can easily muffle the latter into silence stated while that fear lasts. Age is another. 21Thus we have stated.
When by reason or on the occasion of the rape, a homicide is committed, the penalty
shall be death.
The death penalty shall also be imposed if the crime of rape is committed with any of
the following attendant circumstances:
1. When the victim is under eighteen (18) 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.
2. When the victim is under the custody of the police or military authorities.
3. When the rape is committed in full view of the husband, parent, any of the children
or other relatives within the third degree of consanguinity.
4. When the victim is a religious or a child below seven (7) years old.
5. When the offender knows that he is afflicted with Acquired Immune Deficiency
Syndrome (AIDS) disease.
6. When committed by any member of the Armed Forces of the Philippines or the
Philippine National Police or any law enforcement agency.
7. When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation.
The crime of rape, having been committed by appellant on his own daughter of thirteen years of age,
is consequently covered by the above mandatory death penalty provision. Thus, following its
deliberations, the Court by a majority vote, with two members voting to only impose the penalty
of reclusion perpetua on constitutional grounds, sustains the trial court in the imposition of the death
penalty on appellant Romeo Gallo y Igloso.
WHEREFORE, the appealed decision is hereby AFFIRMED except for the award of civil indemnity
which is INCREASED to P50,000.00 Costs against accused-appellant.
In accordance with Section 25 of Republic Act No. 7659, amending Article 83 of the Revised Penal
Code, upon finality of this decision, let the records of the case be forthwith forwarded to the Office of
the President for possible exercise of the pardoning power.
SO ORDERED.