People vs. Dela Cerna

An affidavit of desistance executed by a rape victim does not extinguish criminal prosecution or create reasonable doubt where it is executed due to financial hardship and under the accused's moral ascendancy; further, the death penalty for qualified rape cannot be imposed absent independent proof of the victim's minority beyond reasonable doubt.

Ernesto dela Cerna was charged with six counts of rape committed against his daughter, AAA. The cases were tried under the pre-Anti-Rape Law regime, specifically Article 335 of the Revised Penal Code as amended by Section 11 of Republic Act No. 7659. The charges spanned from January 15, 1989 to March 5, 1997.

Ernesto dela Cerna was charged with six counts of rape committed against his daughter, AAA, on January 15, 1989; December 26, 1993; March 3, 1996; August 25, 1996; February 10, 1997; and March 5, 1997. Six separate complaints were filed on May 16, 1997. Upon arraignment, dela Cerna pleaded not guilty and the cases were tried jointly.

At trial, AAA, the principal prosecution witness, testified that the sexual abuse began when she was seven years old. She recounted each charged incident in detail, including the threats, physical restraint, and warnings not to tell anyone. She eventually disclosed the abuse to friends and was referred to the Department of Social Welfare and Development (DSWD). She was examined on March 21, 1997, and Dr. Aster Khusravibabadi found old healed hymenal lacerations and an introitus that admitted two fingers. dela Cerna did not testify.

On September 15, 1998, the defense presented an affidavit of desistance dated July 3, 1998, in which AAA stated she no longer wished to pursue the complaints and had forgiven her father. She explained that she acted out of concern for her family's material hardship.

On November 29, 1998, the trial court found dela Cerna guilty of six counts of rape. It imposed reclusion perpetua for the Third and Sixth complaints and the death penalty for the First, Second, Fourth, and Fifth complaints. The trial court ordered the records forwarded to the Supreme Court for automatic review. The prosecution had tried the cases under the pre-Anti-Rape Law regime (Article 344, Revised Penal Code).

• Affidavit of Desistance: Whether the affidavit of desistance executed by AAA creates reasonable doubt or extinguishes the criminal prosecution.
• Qualifying Circumstance of Minority: Whether the prosecution proved the qualifying circumstance of the victim's minority beyond reasonable doubt so as to support the imposition of the death penalty under Article 335 as amended by Section 11 of R.A. No. 7659.
• Conviction and Damages: Whether the convictions and the awards of damages are appropriate and, if so, what penalties should be imposed.

• Article 335, Revised Penal Code as amended by Section 11 of Republic Act No. 7659 — The provision governing rape and the imposition of the death penalty for qualified rape, under which the cases were tried.