G.R. No. 132138 January 28, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO LLAMO y BOLIVAR, accused-appellant.

FACTS

The accused-appellant, Romeo Llamo, was charged with the rape of his 12-year-old daughter, Arlyn Llamo, in October 1996 in Bukidnon. The prosecution presented Arlyn, who testified that her father undressed her, placed himself on top of her, and succeeded in having carnal knowledge against her will. She shouted for help during the incident. Her testimony was corroborated by Dionesio Lora, a barangay official, who testified that while on patrol, he heard cries for help and, upon investigation with a flashlight, saw the accused on top of his daughter in a sugarcane field. Dionesio confronted the appellant, who then fled. Arlyn was subsequently brought to the care of Esterlita Lora and later to a social worker.
The defense presented a different version, claiming the charge was fabricated due to a family grudge. The appellant alleged that Arlyn was actually raped by her uncle, Ricardo “Totong” Lora, and that the case was filed against him because of a prior conflict where he had assaulted Totong. The trial court found the prosecution’s evidence credible and convicted Romeo Llamo of rape, sentencing him to death and ordering him to pay indemnity and damages.

ISSUE

The core issue is whether the guilt of the accused-appellant for the crime of rape was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction and the imposition of the death penalty. The Court found the testimony of the victim, Arlyn, to be credible and consistent. Despite the trial court’s observation that she appeared “somewhat mentally retarded,” her straightforward account of the rape, including her identification of her father as the perpetrator, was deemed convincing. The Court emphasized that the testimony of a rape victim, especially a minor, is accorded great weight when she testifies in a categorical, straightforward, and spontaneous manner.
The corroborating eyewitness account of Dionesio Lora, a disinterested barangay official, lent conclusive weight to Arlyn’s testimony. His testimony detailed how he discovered the crime in progress, directly saw the appellant, and heard the victim’s cries. The Court rejected the defense’s theory of fabrication and frame-up, finding it unsupported by convincing evidence and inherently improbable. The defense failed to provide a credible motive for the young victim to falsely accuse her own father of such a grave crime.
The crime qualified under Republic Act No. 7659 for the imposition of the death penalty, as it was committed through sexual intercourse with a victim under eighteen (18) years of age by a parent. The Court thus affirmed the penalty of death and modified the awarded damages to P75,000.00 as civil indemnity and P50,000.00 as moral damages, in line with prevailing jurisprudence.