G.R. No. 118937 -38 April 24, 1998
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE DELEVERIO, accused-appellant.

FACTS

The accused-appellant, Jose Deleverio, a 58-year-old farmer, was charged with two counts of rape against his eight-year-old step-granddaughter, Roxan Benarao. The complaints alleged that on April 7, 1994, and May 13, 1994, in Maloong Legion, Lamitan, Basilan, the accused, by using a knife, force, threat, and intimidation, succeeded in having carnal knowledge with the complainant against her will. The cases were consolidated for trial. The prosecution’s evidence consisted primarily of Roxan’s testimony, wherein she recounted that the accused poked a knife at her stomach, removed her clothing, and inserted his penis into her vagina on both occasions while they shared a room with her brother. She reported the incidents to her brother and grandmother, who did not believe her, and later to her mother, Susan Benarao, who brought her to the police and for a medical examination. Dr. Joel Absin’s medical certificate indicated old hymenal lacerations and concluded that the child’s “physical virginity [was] recently lost.” The defense presented the accused and his wife, Maria Sarah Deleverio (Roxan’s grandmother), who denied the allegations. The accused claimed Roxan was not staying with them on April 7, 1994, and that he was with his wife on May 13, 1994. He suggested the charges were fabricated because Susan Benarao was displeased that the couple had stopped caring for the children. The Regional Trial Court found the accused guilty beyond reasonable doubt of two counts of rape and sentenced him to two death penalties, plus moral damages.

ISSUE

Whether the trial court erred in finding accused-appellant Jose Deleverio guilty beyond reasonable doubt of having committed rape on two counts.

RULING

The Supreme Court AFFIRMED the conviction but MODIFIED the penalties and damages. The Court found no reason to disturb the trial court’s assessment of the credibility of the child victim, Roxan Benarao, whose testimony was straightforward and consistent. The medical findings corroborated her account. The defense of denial and alibi was weak and uncorroborated. The Court held that the constitutional presumption of innocence had been overcome by the clear and convincing evidence presented by the prosecution. However, the Court modified the penalty. The trial court imposed the death penalty based on the relationship (step-grandfather) under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 . The Supreme Court ruled that the accused, being merely the step-grandfather (the second husband of the victim’s natural grandmother), is not included in the enumeration of relatives (ascendant, step-parent, or guardian) for which the death penalty is mandatory. Applying the rule of liberal construction of penal laws in favor of the accused, the Court reduced each death sentence to reclusion perpetua. Furthermore, the Court deleted the award of moral damages for lack of independent proof and, following prevailing jurisprudence, ordered the accused to pay an indemnity of P50,000.00 for each count of rape.