G.R. No. 135877 ; August 22, 2002
People of the Philippines, plaintiff-appellee, vs. Ernesto Nicolas y Ocampo, accused-appellant.

FACTS

An amended information charged appellant Ernesto Nicolas with the rape of Flaviana Mendoza, a paralyzed 53-year-old woman, who was unconscious and deprived of reason, on or about October 21, 1997, in Parañaque. Upon arraignment, appellant pleaded not guilty. The prosecution presented four witnesses. Ma. Victoria Punzalan, a daughter of the victim, testified that her mother was almost physically paralyzed and in a very weak state of mind and health after being hospitalized, and that she died on November 15, 1997. Daisy Mendoza, another daughter, testified that at around 3:00 A.M. on October 21, 1997, she saw appellant on top of her mother, both with their shorts pulled down, making a pumping motion. She called her brother Joel. Upon returning, they saw appellant still on top of their mother. Joel Mendoza corroborated this, stating he shouted at appellant to stop, and appellant got off and pretended to be asleep. Dr. Ludivino Lagat testified he examined the victim a few hours after the incident, finding her weak and needing assistance, and opined that prior sexual intercourse could have occurred without producing genital injury. The defense presented appellant, who denied the rape, claiming he was merely looking for a place to sleep, and his nephew Herminio Nicolas, who testified he saw appellant sitting outside at the relevant times. The Regional Trial Court found appellant guilty of rape under RA 8353 and sentenced him to death, with civil liabilities. The case is on automatic review.

ISSUE

1. Whether it was indispensable for the prosecution to present Annaliza Urmelita, the daughter who subscribed to the complaint.
2. Whether the evidence suffices to prove appellant’s guilt beyond reasonable doubt for rape.

RULING

1. No, the presentation of Annaliza Urmelita was not indispensable. Her affidavit-complaint, filed on behalf of her disabled and mentally ill mother, constituted sufficient compliance with the procedural requirement for a sworn complaint in rape cases under the then-applicable rules. The intent to seek judicial redress was clearly demonstrated by the active participation of the victim’s other children in the trial. Any challenge to the validity of the complaint should have been raised via a motion to quash and was belated. Furthermore, under RA 8353, rape is reclassified as a crime against persons, and its prosecution is no longer dependent upon a sworn complaint of the offended party.
2. Yes, the evidence proves appellant’s guilt beyond reasonable doubt. The testimonies of eyewitnesses Daisy and Joel Mendoza were credible, consistent, and straightforward in detailing the rape incident. Their relationship to the victim did not impair their credibility. The victim’s physical and mental condition—being paralyzed, weak, and unconscious—was established by testimonial and medical evidence, and appellant admitted knowing of this condition. The defense of denial cannot prevail over positive identification. However, the imposition of the death penalty was erroneous. The crime was committed on October 21, 1997, but RA 8353, which includes the qualifying circumstance of the victim’s mental disability or physical handicap, took effect only on October 22, 1997. Thus, the law in force at the time of the commission was Article 335 of the Revised Penal Code, as amended by RA 7659. Since the victim’s condition was not among the circumstances warranting the death penalty under that law, the proper penalty is reclusion perpetua. The award of civil indemnity is increased to P75,000.00, and moral damages to P50,000.00, in line with prevailing jurisprudence.