G.R. Nos. 123138-39; November 8, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HONESTO LLANDELAR y MAGANTI, accused-appellant.

FACTS

The accused-appellant, Honesto Llandelar, was charged with two counts of rape committed against his 16-year-old daughter, Marjorie Llandelar. The first information specified an incident on January 14, 1995, while the second covered a period between April 1994 and January 1995. The family resided in an isolated area in Ragay, Camarines Sur. At trial, Marjorie testified in detail about multiple instances of sexual abuse by her father, describing how he used force, a balisong, and threats against her and her family to secure her submission. Her pregnancy, later confirmed by medical examination, prompted her to finally report the crimes.
The Regional Trial Court found Llandelar guilty of two counts of rape and imposed the death penalty for each count. The case was elevated to the Supreme Court for automatic review, given the capital punishment imposed.

ISSUE

The core issue for review was whether the death penalty was correctly imposed based on the qualifying circumstance of the victim’s minority.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the finding of guilt for two counts of rape, ruling that Marjorie’s testimony was credible, consistent, and corroborated by medical evidence of pregnancy and a healed hymenal laceration. The defense of denial and alibi was deemed weak and unsubstantiated.
However, the Court reduced the penalty from death to reclusion perpetua for each count. The legal logic centered on the prosecution’s failure to prove the victim’s age with the requisite certainty to justify the capital penalty. While the informations alleged Marjorie was 16, and her testimony suggested her birth year was 1978, the prosecution did not formally offer her birth certificate or any other documentary evidence to incontrovertibly establish her minority at the time of the crimes. The Court emphasized that for the death penalty to apply under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , the qualifying circumstance of minority must be proven beyond reasonable doubt, typically by the victim’s birth certificate. The absence of such conclusive proof rendered the imposition of the death penalty improper. The Court thus imposed reclusion perpetua for each count and awarded civil indemnity, moral damages, and exemplary damages to the victim.