GR 137405; (September, 2002) (Digest)
G.R. No. 137405 , September 27, 2002
People of the Philippines, Appellee, vs. Delfin dela Cruz, Appellant.
FACTS
The appellant, Delfin dela Cruz, was charged with the rape of his 16-year-old daughter, Marikit dela Cruz, on October 24, 1996, in Sablayan, Occidental Mindoro. The prosecution’s evidence established that on the night of his birthday, after a family celebration, appellant summoned Marikit to a hut about one kilometer from their house. There, through force and intimidation, he sexually abused her twice. Marikit reported the incident three days later. A medical examination confirmed recent sexual intercourse. Appellant also wrote letters to Marikit begging for forgiveness. During arraignment, appellant pleaded not guilty, but later admitted the charge during trial. The Regional Trial Court convicted him of rape and imposed the death penalty, citing Article 335 of the Revised Penal Code as amended by Republic Act No. 7659 (the Death Penalty Law), due to the qualifying circumstance of relationship (father-daughter) and the victim’s minority.
ISSUE
1. Whether the prosecution’s evidence was sufficient to prove appellant’s guilt beyond reasonable doubt.
2. Whether the trial court erred in imposing the death penalty.
RULING
The Supreme Court affirmed the conviction but modified the penalty. On the first issue, the Court, upon automatic review, found the prosecution’s evidence sufficient. Marikit’s testimony was clear, straightforward, and credible, and was corroborated by the medical certificate and appellant’s own letters of apology. On the second issue, the Court held that the death penalty was improperly imposed. The Information charging appellant failed to allege the qualifying circumstances of the victim’s minority (age below 18) and the appellant’s relationship to the victim as a parent. Although these circumstances were proven during trial, both must be specifically alleged in the Information to warrant the death penalty. Since the Information only alleged rape by force and intimidation without the qualifying circumstances, appellant could only be convicted of simple rape, punishable by reclusion perpetua. The Court modified the trial court’s decision, finding appellant guilty of simple rape and sentencing him to reclusion perpetua. He was ordered to pay the victim P50,000 as civil indemnity, P50,000 as moral damages, and P25,000 as exemplary damages.