GR 145305; (June, 2003) (Digest)
G.R. No. 145305 ; June 26, 2003
PEOPLE OF THE PHILIPPINES, Appellee, vs. REDANTE SANTOS y CRUZ, Appellant.
FACTS
The appellant, Redante Santos, was charged with the qualified rape of his 12-year-old stepdaughter, Danly Santos. The prosecution alleged that on April 9, 1998, in Pasig City, appellant, by means of force and intimidation, had carnal knowledge of Danly against her will while she was sleeping. Danly testified that appellant fondled her, threatened to kill her if she made noise, covered her mouth, and proceeded to rape her. This was reportedly the second incident, following a prior rape on March 25, 1998. The crime was reported after Danly’s mother found her at a hospital where appellant was confined for a stabbing incident. A medico-legal examination confirmed Danly was in a non-virgin state.
The defense presented an alibi. Appellant, along with Danly and her younger sister, claimed they were in Marikina on the date in question to secure a loan from a friend, Romualdo Bernardino. They allegedly spent the night at the house of Bernardino’s sister-in-law, Juvelyn Laureto, who testified they all slept in the same area. Appellant denied the rape accusation, suggesting the charge was fabricated because he and Danly’s mother were not on good terms.
ISSUE
Whether the prosecution proved the appellant’s guilt for the crime of qualified rape beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction but modified the crime from qualified to simple rape. The Court found the testimony of the victim, Danly, to be credible, straightforward, and consistent. Her detailed account of the sexual assault, including the use of threat and force, was deemed sufficient to establish the elements of rape. The defense of alibi was rejected as inherently weak and could not prevail over the positive identification by the victim. The Court also noted that no ill motive was shown for Danly to falsely accuse her stepfather.
However, the Court ruled that the qualifying circumstance of relationship under Article 266-B of the Revised Penal Code, as amended by R.A. 8353, requires that the offender be the “stepfather” of the victim. The Information in this case alleged appellant was the “step-daughter,” but it failed to specifically allege that appellant is the “stepfather” of the victim. This omission is fatal for qualifying the offense. Consequently, the crime committed is simple rape, not qualified rape. The penalty is reduced from death to reclusion perpetua. Appellant was ordered to pay civil indemnity and moral damages of ₱50,000.00 each.