G.R. No. 167670 December 7, 2007
PEOPLE OF THE PHILIPPINES, appellee, vs. RODOLFO BIYOC y WENCESLAO, appellant.

FACTS

The appellant, Rodolfo Biyoc, was charged with the qualified rape of his 11-year-old daughter, AAA. The prosecution evidence established that on December 5, 2000, in San Mateo, Rizal, appellant entered a room where AAA was caring for her infant sister. He touched her genitals, ordered her to lie down, and proceeded to have sexual intercourse with her. The act was momentarily interrupted when AAA’s elder sister, BBB, ascended to the second floor and witnessed appellant sitting in front of the supine AAA. After BBB left, appellant completed the sexual act. BBB reported the incident to their mother, CCC, who then confronted AAA. AAA confirmed the rape and revealed it was not an isolated incident. The following day, AAA was medically examined, with findings confirming a non-virgin state but showing no external physical trauma.
The defense presented a different narrative. Appellant claimed he was sleeping during the alleged incident and suggested the complaint was fabricated due to a family altercation with BBB over financial matters and his unemployment. He argued his lack of flight indicated innocence and challenged the legality of his arrest. The Regional Trial Court convicted appellant of qualified rape and imposed the death penalty, a decision affirmed by the Court of Appeals.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of appellant for the crime of qualified rape.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the prosecution successfully proved the elements of rape through AAA’s credible, categorical, and consistent testimony, which was corroborated by BBB’s eyewitness account and the medico-legal findings. The defense of denial and imputation of ill motive could not prevail over the positive identification by the victim. The Court clarified that full penetration is not required for consummated rape; the mere touching of the labia by the penis is sufficient. The qualifying circumstances of minority and relationship were duly proven. AAA’s birth certificate established she was 11 years old, and her testimony confirmed appellant was her father. However, with the enactment of Republic Act No. 9346 prohibiting the death penalty, the Court imposed the penalty of reclusion perpetua without eligibility for parole. The Court also awarded civil indemnity, moral damages, and exemplary damages, all increased to P75,000.00 each, in line with prevailing jurisprudence.