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[G.R. No. 146697. July 23, 2002]PEOPLE OF THE PHILIPPINES, pl!"#!$$%pp&ll&&, '(. LEON)R*O F)+RE y I-ENTE, u(&/%pp&ll"#.

F)-TSLeonardo Fabre was adjudged guilty of raping his own daughter Marilou Fabre. The trial court gave credence to the evidencegiven by the prosecution, particularly to the narration of the young complainant, expressing a quote from an observation oncemade by this Tribunal in one of its decision that even when consumed with revenge, it !would" ta#e a certain amount ofpsychological depravity for a young woman to concoct a story which !could" put her own father for the rest of his remaining life in

jail and drag herself and the rest of her family to a lifetime of shame.$

%n &' (pril )**+, around four ocloc# in the afternoon, Marilou Fabre was alone in their house in -arangay Manat, Trento,(gusan del ur. (dela Fabre, her mother, had gone to /uro# 0 to buy fish while her siblings were out strolling. (fter cleaningtheir yard, Marilou went to the adjacent palm plantation, about fourteen to fifteen meters away from their house, to gather palmoil. Marilou had been gathering palm oil for about a minute when her father, appellant Leonardo Fabre, arrived. 1e suddenlygripped Marilous hands and forcibly dragged her towards the house. 1e closed the door and removed his daughtersunderwear. 1e too# off his pants and as#ed Marilou to hold his sex organ. 2n tears, Marilou obeyed her father. 1e then begantouching the girls breasts and vagina. 1e forced her to lie down, mounted her and sought to insert his penis into her organ.Marilou cried in pain. 3hen after some time he still could not insert his penis into Marilous vagina, he applied coconut oil tolubricate his and his daughters sexual organs. 1e was finally able to penetrate her. %nce inside her, appellant made push andpull movements until he was through with her. (ppellant threatened to #ill her if she would tell anybody about the sexual

encounter. The young girls mother, (dela Fabre, arrived home about five ocloc# that afternoon but, remembering her fathersthreats, she #ept mum about her ordeal.

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( (t /uro# 0, Manat, Trento, (gusan del ur, :our 1onor./5%. 4? 3hat did you do when your father dragged you to your houseB( -ecause 2 was dragged by my father to our house 2 just went with him, sir.? 3hile you were in your house after having been dragged by your father, what happened if anyB( 1e closed our house and he removed my panty, sir.

? (nd after removing your panty, what did your father do nextB( 1e removed his pants and he let me hold his penis, sir.? (nd what did you do next after holding his penisB( 2 was crying, sir.? 3hile you were crying what did your father doB( 1e was touching my breast and my vagina, sir.? (fter that what did he do nextB( 1e let me lie down, sir.? (nd while lying down, what did your father doB( 1e mounted me and he inserted his penis, to my vagina, sir.? (nd what did you feel while your father was inserting his penis to your vaginaB( 9ery painful, sir.? (nd what did you do while your father was inserting his penis to your vaginaB( 2 was crying, sir.

? (nd while you were crying what did your father do if anyB( 1e told me not to tell anybody because if 2 will do it he will #ill me, sir.?