G.R. No. 132772 ; August 31, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOEY R. GUTIERREZ, accused-appellant.

FACTS

The accused-appellant, Joey Gutierrez, was convicted by the Regional Trial Court of two counts of rape against his nine-year-old stepdaughter, Gina Lequigan, and sentenced to death for each count. The informations alleged that the rapes occurred on July 6 and October 6, 1996. Gina testified that on July 6, her stepfather tied her legs to a bedpost, applied baby oil, and partially penetrated her, stopping only when he heard a knock. She stated a similar act occurred on October 6, which she later reported to her teacher, leading to the filing of the cases.
The defense presented witnesses, including the victim’s mother, to establish alibi and contest the allegations. They argued that Gina was seen in a jovial mood at a birthday party on July 6 and that Joey was elsewhere on October 6. The trial court credited Gina’s testimony, convicted Joey of both rape charges, but dismissed a separate child abuse case for insufficiency of evidence. The case was elevated to the Supreme Court for automatic review due to the imposition of the death penalty.

ISSUE

The core issue is whether the guilt of the accused-appellant for two counts of rape was proven beyond reasonable doubt, considering the defense’s challenges to the victim’s credibility and the alleged inconsistencies.

RULING

The Supreme Court modified the trial court’s decision. It acquitted Joey Gutierrez in Criminal Case No. 96-918 (the October 6 incident) due to reasonable doubt, as the prosecution failed to sufficiently establish the specific date of the second alleged rape, creating a fatal inconsistency in the information and the evidence presented. However, the Court affirmed his guilt for the rape on July 6, 1996 (Criminal Case No. 96-917).
The Court rejected the defense’s argument that the victim’s jovial mood after the alleged assault discredited her testimony. It held that there is no standard behavioral response to trauma, citing the concept of post-traumatic stress disorder, and a victim’s subsequent merriment does not negate the occurrence of the crime. The Court found Gina’s testimony for the July 6 incident to be clear, credible, and consistent. The qualifying circumstance of the victim’s minority (9 years old) was duly proven. However, since the information did not specifically allege the qualifying circumstance of relationship (stepfather-stepdaughter), this could not be used to justify the death penalty. Consequently, the crime was simple rape, punishable by reclusion perpetua. The awards of damages were accordingly reduced to P50,000 as civil indemnity, P50,000 as moral damages, and P25,000 as exemplary damages.