G.R. No. 142856 -57 August 25, 2003
People of the Philippines, Appellee, vs. Roberto Negosa alias “Jovin,” Appellant.

FACTS

The appellant, Roberto Negosa, was the common-law husband of Cenilda Castaño, mother of the victim Gretchen Castaño. In Criminal Case No. 918, he was charged with raping Gretchen on June 28, 1997, when she was ten years old. The prosecution established that on that date, while Cenilda was away, Negosa forced Gretchen to lie down, removed her clothing and his own, and had carnal knowledge of her. He threatened her not to tell anyone. Gretchen, out of fear, kept silent but later confided in friends and documented the abuse in a notebook in 1998. A medical examination confirmed her non-virgin state. For a subsequent incident on September 4, 1998, he was charged in Criminal Case No. 919. The Regional Trial Court convicted Negosa of rape and acts of lasciviousness, imposing the death penalty for rape and a prison term for acts of lasciviousness, along with civil indemnities.

ISSUE

The core issue for automatic review was whether the prosecution proved the appellant’s guilt for the crime of rape beyond reasonable doubt and whether the imposition of the death penalty was proper.

RULING

The Supreme Court affirmed the conviction for rape but modified the penalty. The Court found Gretchen’s testimony credible, straightforward, and consistent, corroborated by her spontaneous disclosure to friends and her contemporaneous written account. Her young age and the appellant’s moral ascendancy as a stepfather lent credence to her claim of intimidation, satisfying the element of force. The medical findings, while not conclusive of rape, were consistent with her testimony. However, the Court modified the legal qualification of the crime. While the victim’s minority (under twelve) and her relationship to the appellant (stepfather) were proven, the Information failed to allege the specific qualifying circumstance of “relationship” as required under Article 335 of the Revised Penal Code, as amended by R.A. 7659. The Information merely described him as a “stepfather” in a narrative context without expressly alleging it as an aggravating/qualifying circumstance. Consequently, the crime was simple statutory rape, punishable by reclusion perpetua, not death. The Court also increased the award of damages, ordering the appellant to pay ₱50,000 as civil indemnity and ₱50,000 as moral damages. The conviction for acts of lasciviousness in Criminal Case No. 919 was not part of this automatic review.