G.R. No. 126118 September 21, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PROCOPIO TRESBALLES, accused-appellant.

FACTS

The Regional Trial Court of Kalibo, Aklan, Branch 9, found accused-appellant Procopio B. Tresballes guilty beyond reasonable doubt of the crime of rape defined under Sec. 11, R.A. 7659, amending Art. 335 of the Revised Penal Code, and sentenced him to death. He was also ordered to pay the offended party, Marialyn Tresballes, his legitimate daughter, P50,000.00 as moral damages and P25,000.00 as exemplary damages. The case is before the Supreme Court for automatic review. The sworn complaint for rape was filed by the victim Marialyn Tresballes and her mother Emelinda Q. Tresballes, the legitimate wife of Procopio. The Information alleged that from January to April 1994, in Banga, Aklan, Procopio, by using force or intimidation, willfully had carnal knowledge with his 15-year-old daughter against her will. He pleaded not guilty at arraignment.
The prosecution evidence, as summarized by the OSG, established that Marialyn is the third child of seven of Procopio and Emelinda. In January 1994, Procopio visited the family house in Polocate, Banga, where Marialyn and her siblings lived. One night, while Marialyn and her four younger sisters were asleep in one bed with Procopio, he removed her shorts and panty, and despite her attempts to push him away and wake her sisters, he held her hands, placed himself on top of her, and inserted his penis into her vagina, causing her pain. He threatened to kill them all if she told her mother. The next morning, Marialyn saw blood stains on her panty and the mat. In March 1994, a similar incident occurred where Procopio, after telling the younger sisters to move apart due to the warm weather, again forcibly removed Marialyn’s panty, placed himself on top of her, and had sexual intercourse with her despite her resistance. In April 1994, a third incident occurred where Procopio, after supper, told the children to sleep early, then later went to Marialyn’s room, covered her mouth with a handkerchief, removed her clothes, and again had carnal knowledge with her. After each incident, Marialyn did not immediately report due to fear of her father, who was easily angered and had a violent tendency. The incidents were eventually revealed to her mother and sister, leading to the filing of the complaint. Medical examination confirmed Marialyn’s non-virgin state and healed lacerations.
The defense presented Procopio and his witness Susana Pendilla, who claimed the charges were fabricated due to a family quarrel over land and that Marialyn had a boyfriend. The trial court rejected the defense and found the prosecution’s evidence credible.

ISSUE

The core issue is whether the guilt of the accused-appellant for the crime of rape has been proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the penalty and damages. The Court found the testimony of the victim, Marialyn, to be credible, straightforward, and consistent. The Court held that when an alleged victim of rape says she was violated, she says in effect all that is necessary to show that rape was committed, and her testimony deserves full credence absent evidence of improper motive. The defense of denial and alibi could not prevail over the positive identification and credible narration of the victim. The Court also found that the qualifying circumstance of relationship (father-daughter) and the victim’s minority (15 years old) were duly alleged in the information and proven during trial. Under Article 335 of the Revised Penal Code, as amended by R.A. No. 7659 , when the victim is under eighteen years of age and the offender is a parent, the penalty is death. However, in light of the ruling in People vs. Echegaray ( G.R. No. 117472 , February 7, 1997), which declared R.A. No. 7659 constitutional but required the Court to impose the penalty of reclusion perpetua when the death penalty could not be imposed for lack of necessary votes, and considering that the votes for affirmance of the death penalty were insufficient, the Court modified the penalty to reclusion perpetua. The Court also increased the civil indemnity from P50,000.00 to P75,000.00, consistent with prevailing jurisprudence. The award of moral damages was affirmed, and exemplary damages were deleted. The dispositive portion ordered accused-appellant to suffer reclusion perpetua and to indemnify the victim Marialyn Tresballes the amount of P75,000.00. Costs de oficio.