G.R. Nos. 133008-24; February 6, 2002
PEOPLE OF THE PHILIPPINES, appellee, vs. VIRGILIO RODAVIA y TOXON, appellant.

FACTS

Appellant Virgilio Rodavia was charged with forty-three counts of rape against his 14-year-old daughter, Michelle Rodavia, committed from April to May 1995 in Lipa City. After trial, the Regional Trial Court convicted him of seventeen counts of qualified rape and imposed the death penalty for each count. The prosecution established that Rodavia, after moving with his children to Batangas, systematically raped Michelle in their home. The acts were committed almost nightly, often after supper, where Rodavia would call Michelle to his room, threaten her with a knife, forcibly undress her, and have carnal knowledge against her will. Michelle testified to the repeated assaults, her fear due to threats against her and her mother, and her inability to resist due to his paternal authority and intimidation.
The defense interposed denial and alibi, claiming the charges were fabricated because Michelle was allegedly influenced by her mother after a family quarrel. Rodavia asserted he was elsewhere during some alleged incidents. The trial court found Michelle’s testimony credible, straightforward, and consistent, and rejected the defense’s claims as weak and unsubstantiated. The case was elevated to the Supreme Court for automatic review due to the imposition of the death penalty.

ISSUE

Whether the trial court erred in convicting appellant of seventeen counts of qualified rape and imposing the death penalty.

RULING

The Supreme Court affirmed the conviction but modified the awards of damages. The Court upheld the trial court’s findings, emphasizing that the credibility of the victim’s testimony is paramount in rape cases. Michelle’s detailed, candid, and unwavering narration of the repeated sexual assaults, coupled with the inherent difficulty of a daughter publicly accusing her father of such atrocities, lent full credence to her account. The defense of denial and alibi cannot prevail over positive identification and credible testimony. The Court also noted the presence of force and intimidation, evidenced by threats with a knife and warnings to kill her mother if she reported the acts.
Regarding the penalty, the Court affirmed the imposition of death for each count. Under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659, rape is punishable by death when the victim is under eighteen years of age and the offender is a parent. These qualifying circumstances were duly proven: Michelle was fourteen, and Rodavia was her father. The law mandates the death penalty under these specific conditions, leaving the court no discretion. However, the Court modified the civil liabilities, increasing the civil indemnity to ₱75,000, moral damages to ₱50,000, and exemplary damages to ₱25,000 for each count, conforming to prevailing jurisprudence for rape qualified by circumstances warranting the death penalty. The records were ordered forwarded to the Office of the President for possible exercise of executive clemency.