G.R. No. 132217 February 18, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BONIFACIO TOREJOS y PAÑARES @ BONING, accused-appellant.

FACTS

On January 7, 1997, Rosalie Cerna returned to her house in Davao City and witnessed accused-appellant Bonifacio Torejos on top of her three-year-old daughter, Mary Cris Cerna, making a pumping motion. Shocked and afraid, Rosalie initially did nothing. She later informed her husband, Luciano, who confronted Torejos. Torejos denied the act, claiming he merely placed a blanket on the child. The parents examined Mary Cris and found blood and laceration in her vaginal area. They immediately brought her to Dr. Uldario Casquejo, who confirmed a lacerated wound in the vaginal opening caused by forced penetration. The incident was reported to the barangay and the police.
The accused-appellant denied the charge, testifying that he was at the Cerna house to collect his share from a firewood sale. He claimed he only held Mary Cris to prevent her from falling off a bench. The Regional Trial Court convicted Torejos of rape and imposed the death penalty. The case was elevated to the Supreme Court on automatic review.

ISSUE

Whether the conviction of accused-appellant Bonifacio Torejos for the crime of rape is proper and whether the penalty of death was correctly imposed.

RULING

Yes, the conviction is proper and the death penalty is affirmed. The Supreme Court found the testimonies of the prosecution witnesses, particularly the child’s mother who was an eyewitness, to be credible, straightforward, and consistent. Her testimony was corroborated by the medical findings of Dr. Casquejo, which established the fact of carnal knowledge. The defense of denial is inherently weak and cannot prevail over the positive identification and credible narration of the eyewitness. The Court upheld the factual findings of the trial court, emphasizing that the assessment of witness credibility is best undertaken by the trial judge.
Regarding the penalty, the crime was committed under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , which mandates the death penalty when the victim is under eighteen (18) years of age and the offender is a common-law spouse, relative, or guardian of the victim. In this case, the qualifying circumstance of the victim being a minor is present. However, the special qualifying circumstance of relationship or guardianship required for the imposition of the death penalty under the law was not alleged in the information nor proven during trial. Nonetheless, the Court affirmed the death penalty, as the crime was effectively prosecuted and proven as statutory rape due to the victim’s tender age of three years, which by itself justifies capital punishment under the applicable law. The Court modified the award of damages, increasing civil indemnity to P75,000.00 and awarding moral damages of P50,000.00 to the offended party, Mary Cris Cerna.