G.R. No. 121205 June 29, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CESAR LARENA Y SARDONIDO, accused-appellant.

FACTS

Accused-appellant Cesar Larena was convicted by the Regional Trial Court of Zamboanga for five counts of rape committed against his daughter, Dolores Larena, who was 13 years old at the time of the incidents. The rapes occurred on specific dates between December 1993 and April 1994. The complaints uniformly alleged that the accused, through force and intimidation, had carnal knowledge of the victim against her will. The trial court sentenced him to death for four counts and reclusion perpetua for one count, leading to an automatic review by the Supreme Court.
The prosecution evidence established that the rapes were committed inside the family home. Dolores provided detailed testimonies of how her father, on different occasions, used physical force and threats to kill the entire family if she reported the assaults to achieve sexual intercourse. Her testimony was corroborated by medical findings of healed lacerations. The defense interposed denial and alibi, claiming the charges were fabricated due to familial resentment.

ISSUE

The core issue is whether the guilt of the accused-appellant for five counts of rape was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the penalties. The Court found the testimony of the victim, Dolores, to be credible, straightforward, and consistent. The defense of denial and alibi could not prevail over her positive identification. The Court ruled that the circumstances of force and intimidation were sufficiently proven, as the accused’s moral ascendancy as a father and his threats of death constituted the intimidation required in rape, especially given the victim’s young age and the setting within the familial home.
Regarding the penalty, the Court applied the law in effect at the time of the crimes. For the rape committed in December 1993, prior to the effectivity of Republic Act No. 7659, the penalty was reclusion perpetua. For the four subsequent rapes in 1994, the prescribed penalty under the new law was death. However, in line with prevailing jurisprudence and the constitutional requirement for a review of death penalties, and considering the absence of any aggravating circumstance other than the qualifying circumstance of relationship (which is inherent in the charge of rape of a daughter), the Court reduced the death sentences to reclusion perpetua for each of the four counts. The Court also modified the awards of damages, imposing civil indemnity, moral damages, and exemplary damages for each count of rape.