GR 132044; (October, 2001) (Digest)
G.R. No. 132044 ; October 5, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO @ Tony EVANGELISTA Y BINAY, accused-appellant.
FACTS
The accused-appellant, Antonio Evangelista, was charged with the rape of his ten-year-old stepdaughter, Jane Gara, on or about April 20, 1996. The prosecution’s case, primarily through the testimonies of Jane and her mother Edna, established that Edna arrived home and witnessed the accused naked on top of Jane, attempting to force sexual intercourse. Jane later revealed the accused had been sexually abusing her since January 1996, threatening her to keep silent. Medical examination confirmed healed lacerations in Jane’s genitalia. The defense presented a different narrative, alleging Edna fabricated the rape charge due to marital jealousy, claiming she was having an affair and that the incident was merely a heated argument. Defense witnesses corroborated hearing a quarrel.
ISSUE
The core issue is whether the guilt of the accused for the crime of rape was proven beyond reasonable doubt, and if so, whether the qualifying circumstance of relationship was sufficiently established to warrant the death penalty.
RULING
The Supreme Court affirmed the conviction for rape but modified the penalty. The Court found the testimonies of the child victim and her mother credible, consistent, and corroborated by medical findings. The defense of denial and imputation of ill motive on the part of the complainant failed against the clear and convincing evidence of the prosecution. However, the Court reduced the penalty from death to reclusion perpetua. The Information alleged the accused was the victim’s stepfather, a qualifying circumstance under the law. The prosecution failed to prove this relationship beyond reasonable doubt as the marriage contract between the accused and the victim’s mother was not presented in evidence. While the birth certificate proved Jane’s filiation to Edna, and testimonies referred to the marriage, the best evidence of the subsequent marriage creating the stepfather-stepdaughter relationship is the marriage certificate itself. Its absence, without justification, means the qualifying circumstance was not established. Thus, the accused is guilty only of simple statutory rape, punishable by reclusion perpetua. The Court also awarded civil indemnity, moral damages, and exemplary damages to the victim.