GR 129533; (April, 1999) (Digest)
G.R. No. 129533 April 30, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO PEDRES y BUAG, accused-appellant.
FACTS
The accused-appellant, Antonio Pedres, was charged with the rape of his daughter, Maribel Pedres, on January 5, 1996, in Ligao, Albay. The prosecution presented Maribel, who testified that her father tied her hands and feet and raped her while she was sleeping with her siblings. She did not immediately report the incident but confided in her sister months later, leading to a medical examination. The physician testified that Maribel had healed lacerations consistent with sexual intercourse, which could have been inflicted around six months prior. The defense presented an alibi, claiming Antonio was working in a different municipality from January 4 to 7, 1996, and could not have been at the crime scene. He attributed the accusation to a family grudge, alleging his in-laws resented him for having relationships with other women. The trial court found the accused guilty beyond reasonable doubt and initially imposed the death penalty.
ISSUE
The primary issue is whether the guilt of the accused for the crime of rape was proven beyond reasonable doubt. A subsidiary issue involves the correctness of the penalty imposed.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found Maribel’s testimony credible, straightforward, and consistent. The medical findings, while noting healed lacerations, corroborated her account of forced sexual intercourse. The defense of alibi was rightly rejected by the trial court, as it was not physically impossible for the accused to be at the crime scene, and such a defense is inherently weak against positive identification. The Court also found the alleged motive for fabrication—family discord—insufficient to overturn the conviction, as no daughter would lightly accuse her own father of a grave crime and subject herself to the ordeal of a public trial.
However, the Court modified the penalty from death to reclusion perpetua. While the rape was incestuous and the victim was a minor, the information failed to allege her specific age at the time of the commission of the crime. This omission is fatal for imposing the death penalty, as the age of the victim is a qualifying circumstance that must be specifically pleaded to warrant the supreme penalty. Consequently, the proper penalty is reclusion perpetua. The awards of P50,000 as civil indemnity and P50,000 as moral damages were affirmed.