GR 123152; (November, 1999) (Digest)
G.R. No. 123152 November 17, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RODRIGO LASOLA y JAIME, accused-appellant.
FACTS
The case involves two counts of rape committed by Rodrigo Lasola against his daughter, Rudymer Lasola. The first incident occurred in 1991 when Rudymer was nine years old. The second, and the one directly witnessed, occurred on April 4, 1995, when she was twelve. The complaints were filed jointly. In the evening of April 4, 1995, Rudymer was ordered by her father to return to their house. There, he threatened her with a bolo, forced her to remove her clothing, and had carnal knowledge of her. This act was interrupted and witnessed by her mother, Myrna, who arrived home and confronted the accused. Rudymer testified that the 1995 incident was not isolated, revealing a history of sexual abuse beginning in 1991, which she did not report due to her father’s threats to kill her. The trial court convicted Lasola, imposing reclusion perpetua for the 1991 rape and the death penalty for the 1995 rape, citing the aggravating circumstances of abuse of relationship and abuse of confidence.
ISSUE
The core issue for automatic review is whether the trial court correctly convicted the accused-appellant of two counts of rape and imposed the corresponding penalties, including the death penalty for the 1995 rape.
RULING
The Supreme Court affirmed the conviction and the penalties imposed. The Court found the testimony of the victim, Rudymer, to be credible, consistent, and corroborated by her mother’s eyewitness account for the 1995 incident. The defense of denial and alibi proffered by the accused was deemed weak and unsubstantiated, especially against the positive and categorical identification by the victim. On the imposition of the death penalty for the 1995 rape, the Court applied Republic Act No. 7659 , which prescribes the death penalty when the crime of rape is committed with certain qualifying circumstances. The 1995 rape was qualified because the victim was under eighteen years of age and the offender was the victim’s parent. This qualified the crime for the supreme penalty. The Court modified the damages, ordering civil indemnity of P50,000 for the 1991 rape and P75,000 for the 1995 rape, in addition to the moral and exemplary damages awarded by the trial court. The decision was subject to automatic review for the death penalty, and the records were ordered forwarded to the Office of the President pursuant to law.