G.R. Nos. 133343-44, March 2, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ILDEFONSO BAYONA y CALOSO, accused-appellant.

FACTS

The accused-appellant, Ildefonso Bayona, was charged with two counts of rape against his daughter, Marilou. The first incident occurred on October 31, 1994, when appellant entered the room where his children slept, dragged Marilou, touched her private parts, and boxed her abdomen until she lost consciousness. Upon regaining consciousness, she found her shorts removed and blood on her private parts. The second incident happened on November 2, 1994, when appellant again entered her room, promised her gifts in exchange for sex, and upon her refusal, boxed her, causing her to lose consciousness. She awoke naked and in pain. Marilou reported the rapes to her grandmother and uncles, leading to a medical examination on November 11, 1994, which confirmed recent sexual intercourse.
During trial, the prosecution presented the victim, her aunt, and the examining physician. Appellant denied the charges, alleging an alibi that he worked seven kilometers away and only visited on weekends. He claimed the complaint was fabricated by his estranged wife to preempt an adultery case and that his daughter was motivated by anger after being spanked for an affair. The Regional Trial Court of Tagaytay City found him guilty of two counts of rape and imposed the death penalty for each, prompting automatic review.

ISSUE

The core issue is whether the prosecution proved appellant’s guilt for two counts of rape beyond reasonable doubt, warranting the imposition of the death penalty.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimony of the victim, Marilou, credible, straightforward, and consistent. In rape cases, the victim’s testimony, if credible, is sufficient to sustain a conviction. The medical findings corroborated her account, showing lacerations consistent with recent sexual intercourse. The Court rejected appellant’s defenses of alibi and frame-up as weak and unsubstantiated. Alibi cannot prevail over the positive identification by the victim, and the motive alleged for fabrication was deemed insufficient to overturn the clear evidence of guilt.
However, the Court reduced the penalty from death to reclusion perpetua for each count. For the death penalty to apply under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , the rape must be committed with certain qualifying circumstances, such as when the victim is under eighteen and the offender is a parent. While the relationship was alleged in the complaint, the Informations filed in court failed to specifically allege that the victim was a daughter under eighteen years of age. This omission is fatal, as the qualifying circumstance must be expressly and specifically pleaded in the Information to warrant the imposition of the death penalty. Consequently, the proper penalty is reclusion perpetua. The Court affirmed the award of P50,000.00 as civil indemnity for each count of rape.