G.R. No. 136147-48 January 24, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RONNIE TORRES y CALLORA, accused-appellant.

FACTS

The accused-appellant, Ronnie Torres y Callora, was charged with two counts of rape. The first case involved Novilyn Bokingkito, a 15-year-old, who alleged that on April 20, 1997, Torres, taking advantage of superior strength, forced her to have sexual intercourse in a house in San Simon, Pampanga. The second case involved Janalyn Lugtu, a 9-year-old, who testified that in March 1997, Torres brought her upstairs in a house, removed her underwear, and had carnal knowledge with her. Both victims promptly reported the incidents, and medical examinations revealed healed lacerations consistent with recent sexual intercourse.
The defense interposed denial and alibi. Torres claimed the complaints were fabricated by a relative who bore a grudge against him. He asserted he was working elsewhere during the alleged incident involving Novilyn and that Janalyn was with her mother at the material time. The trial court rejected the defense, finding the testimonies of the minor victims credible and consistent. It convicted Torres of two counts of rape and imposed the death penalty for each, prompting an automatic review.

ISSUE

The primary issue is whether the trial court erred in convicting the accused and imposing the death penalty based on the informations filed.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the factual findings of the trial court, emphasizing that the testimonies of the victims, both minors, were straightforward, credible, and consistent with medical evidence. The defense of denial and alibi, uncorroborated by clear and convincing evidence, could not prevail over the positive identification by the victims. The Court reiterated that the assessment of witness credibility by the trial court is accorded high respect.
However, the Court reduced the penalty from death to reclusion perpetua for each count. The informations alleged the qualifying circumstance of “taking advantage of superior strength.” The Court ruled that this circumstance is inherent in the crime of rape by force and intimidation and does not qualify the crime to warrant the death penalty under the applicable law, Republic Act No. 7659. For the death penalty to be imposed, the law requires specific qualifying circumstances, such as the victim being under eighteen and the offender being a parent or relative, which were not alleged in the informations. Consequently, the proper penalty is reclusion perpetua. The Court also modified the awards, ordering the accused to pay each victim P50,000 as civil indemnity and an additional P50,000 as moral damages.