G.R. Nos. 132779-82. January 19, 2000.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DONATO BERNALDEZ y LAMAGAN, accused-appellant.

FACTS

The accused-appellant, Donato Bernaldez, was charged with four counts of rape committed against his 17-year-old daughter, Mary Jane Bernaldez, between December 1996 and February 1997. The incidents occurred in their family home. Mary Jane testified that her father sexually assaulted her on four specific dates, using intimidation and threats to kill her and her siblings if she reported the acts. Her younger sister, Marivic, witnessed their father embracing Mary Jane on a bamboo bed (papag) on February 24, 1997, and reported this to their aunt, Jonalyn Ramos. Confronted by her aunt, Mary Jane disclosed the rapes. A medico-legal examination confirmed recent sexual intercourse and the presence of spermatozoa.
The defense consisted solely of accused-appellant’s denial and alibi. He claimed he was at work during the alleged incidents and suggested the complaint was fabricated, insinuating his sister-in-law, Jonalyn Ramos, had motives against him. The Regional Trial Court found him guilty on all counts and imposed the death penalty for each crime, plus P500,000.00 in moral damages.

ISSUE

Whether the guilt of accused-appellant for four counts of rape was proven beyond reasonable doubt, and whether the penalty and damages awarded were proper.

RULING

Yes, the conviction is affirmed but the penalty is modified. The Supreme Court upheld the factual findings of the trial court, emphasizing that the testimony of the victim in rape cases, especially when credible and consistent, is sufficient to sustain a conviction. The Court found Mary Jane’s detailed narration of the four incidents to be straightforward, unshaken by cross-examination, and corroborated by the medico-legal findings and the testimonies of her sister and aunt. The defense of denial and alibi, uncorroborated and weak in the face of positive identification, deserved no weight.
However, the Court modified the penalty. While the crimes qualified for the death penalty under the law for rape committed by a parent, the requisite information did not allege Mary Jane’s minority (below 18 years) with specificity. The failure to expressly state her age in the informations constituted a failure to allege a qualifying circumstance, warranting the imposition of the lesser penalty of reclusion perpetua for each count. On civil liability, the award was rectified. The P500,000.00 was treated as civil indemnity, which is mandatory but should be P50,000.00 per crime, totaling P200,000.00. Additionally, moral damages of P50,000.00 per crime, totaling P200,000.00, were awarded without need of further proof, as moral suffering is inherent in rape. The decision was affirmed with modifications to the penalty and damages.