G.R. No. 133227 ; October 10, 2002
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CHITO P. UCAB, accused-appellant.

FACTS

An Information charged appellant Chito Ucab with two counts of incestuous rape committed against his 12-year-old daughter, Hanipi Ucab, on March 28, 1997, and again on April 28, 1997, in Catarman, Camiguin. The prosecution evidence established that on the first date, inside their house, appellant, after threatening to kill Hanipi and her siblings, touched her breasts and private parts, removed her panties, and had sexual intercourse with her, causing pain. He also sucked her breast and sexual organ. A month later, at their farmhut, appellant ordered Hanipi to stay while allowing her siblings to leave, threatened her with a slingshot and a bolo, pulled her inside the hut, slapped her when she resisted, and again had sexual intercourse with her. Hanipi eventually reported the rapes to authorities. A medical examination revealed dead sperm cells in her vaginal canal. Appellant denied the accusations. For the first incident, he claimed he only bumped his penis against her vagina without penetration after being aroused by her leg touching him while asleep, and ejaculated on her abdomen. For the second incident, he claimed it was a disciplinary action involving a slingshot and a scabbard, with no rape occurring. The Regional Trial Court convicted appellant of two counts of rape and sentenced him to death for each count.

ISSUE

Whether the trial court erred in convicting the accused of two counts of rape and imposing the death penalty.

RULING

The Supreme Court affirmed the conviction for two counts of rape but modified the penalty. The Court found the testimony of the victim, Hanipi Ucab, to be credible, straightforward, and consistent, and it withstood the test of cross-examination. Her testimony was corroborated by the medical finding of dead sperm cells. The Court rejected appellant’s claim of attempted rape for the first incident, holding that his own testimony and actions indicated carnal knowledge. The defense of denial could not prevail over the positive identification by the victim. However, the Court modified the penalty. While the rape was incestuous, the Information failed to allege with certainty the victim’s age as being below eighteen (12) years old, a necessary qualifying circumstance for imposing the death penalty under Republic Act No. 7659 . The prosecution did not present a birth certificate or other competent evidence to prove her age with certainty. Consequently, the crime is simple rape, punishable by reclusion perpetua for each count. The civil liabilities were modified: appellant is ordered to pay Hanipi Ucab P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages for each count of rape.