GR 133919; (February, 2001) (Digest)
G.R. No. 133919-20 February 19, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARLOS AWING y ABAYON, accused-appellant.
FACTS
Accused-appellant Carlos Awing was convicted of two counts of rape against his stepdaughter, Maricar Awing, and sentenced to death for each count. The incidents allegedly occurred in November 1996 and on June 1, 1997, in their one-room house in Davao City. Maricar testified that on both occasions, appellant used force and intimidation, boxing her when she resisted, to have carnal knowledge with her while her mother and siblings were absent. She initially attributed her resulting pregnancy to a boyfriend due to fear, but later confided to a social worker that appellant was responsible. Medical examination confirmed pregnancy and healed hymenal lacerations. Appellant admitted the sexual acts but claimed they were consensual, alleging Maricar seduced him starting in January 1996 when she was, by his claim, 14 years old.
ISSUE
The core issue is whether the prosecution proved beyond reasonable doubt the essential elements of rape, particularly the use of force or intimidation and the victim’s lack of consent, thereby overcoming the defense of consensual sex.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the credibility of Maricar’s testimony, which was straightforward, consistent, and corroborated by medical findings. The defense of consensuality was rejected. The Court ruled that the moral ascendancy of a stepfather, coupled with threats and physical violence, constituted the requisite intimidation, vitiating any supposed consent. The victim’s initial reluctance to accuse her stepfather and her shifting statements were deemed natural for a young girl living under the same roof with her abuser. However, the Court reduced the penalty from death to reclusion perpetua for each count. The qualifying circumstance of relationship was duly alleged in the informations, but the circumstance of the victim’s minority (she was 12 in November 1996) was not specifically alleged as required under the rules then in force (Republic Act No. 7659). Failure to allege minority with specificity in the informations barred the imposition of the death penalty. Thus, the proper penalty for each count of rape was reclusion perpetua.