July 30
PHILIPPINES: Man meted 3 death sentences by court for raping daughter A former security guard was meted 3 death sentences yesterday by the Mandaluyong City Regional Trial Court (RTC) for raping his 16-year-old daughter in the city 5 years ago. Judge Amalia Dy of RTC Branch 213 ordered Benigno Fetalino, 64, of Barangay Barangka to indemnify his victim the sum of P75,000 for moral and exemplary damages. In her 15-page decision, Dy said there was enough evidence proving that the convict raped his daughter thrice in 1999, apart from other sexual assaults. For 3 days in March 1999, the accused entered the room of the victim, undressed her and raped her while her mother was away. However, in the 3rd incident, a carpenter accidentally witnessed the sexual assault and revealed what he saw to the mother. In his defense, Fetalino accused his wife of fabricating the rape story to get even with him. He said he and his wife had just engaged in a bitter quarrel and he was already living in Paco, Manila when the rape charges were filed against him. The judge, however, did not give weight to the denial of the accused. "It is negative and self-serving evidence which cannot be given greater evidentiary weight." While there may be some inconsistencies to some of the testimonies of the prosecution witnesses, Dy noted that respect to the dates and actual commission of the crime, such inconsistencies are inconsequential for they merely refer to trivial details which have nothing to do with the essential facts." (source: Philippine Star)
