G.R. No. 191197, June 22, 2015
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. RODRIGO LAPORE, Accused-Appellant.

FACTS

The accused-appellant, Rodrigo Lapore, was charged with the rape of AAA, a 13-year-old girl, sometime in October 1998 in Barangay Berong, Quezon, Palawan. The Information alleged that Lapore, with force, threat, violence, and intimidation, had carnal knowledge of AAA against her will. AAA testified that on the evening of October 1, 1998, while her parents were away and she was asleep, Lapore, a pastor and a guest in their house, entered her room, removed her panty and his underwear, inserted his penis into her vagina, and made push and pull movements. When she cried and tried to shout, he pointed a knife at her neck and threatened to kill her. AAA reported the incident to her parents upon their return on October 20, 1998. Lapore admitted the rape and promised to marry AAA but later left. After three months, AAA and her mother reported the crime to the barangay chairman and the police. A medical examination revealed AAA had healed lacerations and lost her physical virginity. The defense claimed AAA had proposed marriage to Lapore and that the rape charge was fabricated out of vengeance because Lapore reprimanded AAA’s mother for her vices, and that AAA was already pregnant by her boyfriend.

ISSUE

Whether the Court of Appeals correctly affirmed the conviction of accused-appellant Rodrigo Lapore for the crime of simple rape.

RULING

The Supreme Court affirmed the ruling of the Court of Appeals with modifications to the civil damages. The Court held that all elements of simple rape were present: (1) Lapore had carnal knowledge of AAA, and (2) the act was accomplished through force or intimidation, as evidenced by the threat with a knife. The minor inconsistencies in AAA’s testimony were deemed inconsequential and even added to its veracity. Her positive identification of Lapore was corroborated by medical evidence and witness testimony. The Court agreed with the Court of Appeals that the aggravating circumstances of abuse of confidence, obvious ungratefulness, minority, and use of a deadly weapon, while proven, could not qualify the crime to qualified rape as they were not alleged in the Information, pursuant to Sections 8 and 9, Rule 110 of the Rules on Criminal Procedure and the constitutional right of the accused to be informed of the charges. Furthermore, these circumstances are not among those that qualify rape under Article 266-B of the Revised Penal Code. Thus, the crime committed was simple rape, punishable by reclusion perpetua. The Court modified the damages, awarding ₱50,000.00 as civil indemnity, ₱50,000.00 as moral damages, and ₱30,000.00 as exemplary damages, all with 6% interest per annum from the finality of judgment until fully paid.