PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

ROBERTO BANIGUID y
PASSION, accused-appellant. [G.R. No. 137714. September 8, 2000]
FACTS: This is an appeal from the decision of the lower court finding accused-appellant
Roberto Baniguid guilty of rape against his minor daughter, Josibelle Baniguid. According to the
complaint filed by the offended party, on January 4, 1995, in Pasay City, Roberto Baniguid, by
means of force and intimidation, unlawfully had carnal knowledge of her minor daughter against
her will and consent. Accused-appellant contends that the trial court blindly believed the
testimony of complainant despite its falsehood and that his warrantless arrest by the police
officers was illegal considering that it was not one of the cases falling under Rule 113, Sec. 5 of
the Rules of Criminal Procedure when warrantless arrest is lawful.
ISSUE: Whether or not the trial court erred in convicting Roberto Baniguid guilty of the crime of
rape.
HELD: The Court found that accused-appellant is indeed guilty of rape of his daughter.
Complainants inability to recall the names of some people did not affect the consistency of her
testimony concerning the circumstances under which she was raped. Also, as long as the victims
testimony measures up to the standard of credibility, the fact that she had sexual relations with
other men would not destroy or affect her credibility. The moral character of the victim is
immaterial in rape cases. Regarding accused-appellants contention that his warrantless arrest
was illegal, for his objection to prosper, he should have interposed it before he entered his plea
during arraignment, otherwise, the same is already waived. WHEREFORE, the assailed
decision convicting accused-appellant of rape, is AFFIRMED with the MODIFICATION that his
sentence is REDUCED from death to reclusion perpetua, the award of indemnity to complainant
is reduced from P75,000 to P50,000.00, and accused-appellant is ordered to pay complainant the
additional amount of P50,000.00 as moral damages.