G.R. Nos. 120625-29; January 28, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARLITO MARAHAY Y MORACA, accused-appellant.

FACTS

Accused-appellant Carlito Marahay was charged with five counts of rape against his daughters, Mylene (14 years old) and Belinda (12 years old). The incidents occurred on consecutive days in August 1994 at their farm in Northern Samar. The prosecution’s evidence established that on the evening of August 24, appellant, while lying between his two daughters, sexually assaulted Mylene and then attempted to rape Belinda. In the early morning of August 25, he again raped Mylene, and later that evening, raped her twice more. The victims testified to the acts, detailing the force, intimidation, and threats to kill used by their father. Their mother, Amalia Marahay, later filed additional complaints upon learning the full extent of the assaults.
The Regional Trial Court convicted Marahay of all five counts of qualified rape and imposed the death penalty for each, citing the qualifying circumstance of relationship where the victim is under eighteen and the offender is a parent. The case was elevated to the Supreme Court for automatic review, with the appellant questioning the credibility of the victims’ testimonies and the sufficiency of the prosecution’s evidence.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused-appellant for the crimes of qualified rape beyond reasonable doubt.

RULING

The Supreme Court affirmed the convictions but modified the penalties and damages. The Court found the testimonies of the young victims credible, consistent, and worthy of belief. It emphasized that testimonies of child-victims of rape are given full weight and credit, as youth and immaturity generally make them incapable of fabricating such grave accusations. The Court held that the element of force and intimidation was sufficiently established by the victims’ detailed accounts of being pinned down and threatened with death, and that their failure to shout for help was reasonable given their fear and the appellant’s paternal authority.
However, the Court reduced the penalty from death to reclusion perpetua for four counts (Criminal Cases Nos. 1965, 1967, 1968, and 1969) involving Mylene. While relationship was duly alleged and proven, the Informations failed to specifically allege the minority of the victim, Mylene, which is indispensable for qualifying the rape and imposing the death penalty under the law at the time. For the rape of Belinda (Criminal Case No. 1964), the Court found it was only simple rape, as the Information did not allege her minority, and thus also imposed reclusion perpetua. The Court increased the awards of civil indemnity and moral damages to P50,000 each and granted exemplary damages of P25,000 for each count.