G.R. Nos. 131103 & 143472. June 29, 2000.
The People of the Philippines, plaintiff-appellee, vs. Ernesto M. Santos, accused-appellant.

FACTS

Accused-appellant Ernesto Santos was charged with two counts of rape and one count of attempted rape against his daughter, Mary Ann Santos. The prosecution evidence established that the first rape occurred in 1988 when Mary Ann was nine years old. She was awakened by her father fondling her, and despite her resistance, he threatened to kill her and her mother, covered her mouth, and succeeded in having carnal knowledge. Her mother witnessed them naked afterward. The second rape occurred in 1989. From 1989 to 1994, Mary Ann was raped “many times.” An incident on February 7, 1994, where the accused attempted to pull her into a bathroom, led to the police report. A medico-legal examination confirmed Mary Ann was in a non-virgin state with healed hymenal lacerations. The accused, testifying only on the attempted rape charge, denied the February 7 incident, claiming he was elsewhere, and suggested the complaint was fabricated due to a family quarrel.

ISSUE

The core issues were: (1) whether the prosecution proved the guilt of the accused for two counts of rape beyond reasonable doubt, and (2) whether the award of damages by the trial court was proper.

RULING

The Supreme Court affirmed the conviction but modified the damages. On the first issue, the Court found the testimony of the victim, Mary Ann, to be credible, straightforward, and consistent. The defense of denial and alibi could not prevail over her positive identification. The fact that she did not immediately report the earlier rapes was satisfactorily explained by her youth, continuous threats from her father, and her family’s subsequent return to his household. The medico-legal findings, while not conclusive of rape, corroborated her claim of sexual intercourse. The Court also held that the use of the phrase “sometime in the year” for the dates in the informations was sufficient, as time is not a material ingredient of the crime of rape.
On the second issue, the Court ruled that the trial court’s award of P500,000 as moral and exemplary damages was excessive. Applying prevailing jurisprudence, the Court reduced the award to P50,000 as moral damages for each count of rape (total P100,000) and P25,000 as exemplary damages for each count (total P50,000), citing the presence of the aggravating circumstance of relationship. The conviction for two counts of rape was thus affirmed with the modification on the civil liability.