G.R. No. 123543 ; August 23, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEDRO GABIANA y CARUBAS, accused-appellant.

FACTS

The prosecution established that on the evening of September 12, 1994, in Siniloan, Laguna, appellant Pedro Gabiana, the live-in partner of the victim’s mother, carried ten-year-old Rosemarie Argosino to the second floor of their house. There, he undressed her, forced her to lie down, placed himself on top of her, and inserted his penis into her vagina. He covered her mouth to prevent her from crying for help. After the act, which lasted three to five minutes, appellant threatened to kill Rosemarie if she reported the incident. The following day, Rosemarie and her younger sister went to their aunt, Jocelyn Reformado, to whom the crime was reported. Rosemarie was subsequently medically examined, revealing lacerations on her hymen, and a complaint was filed with the police.
The defense presented a denial and alibi. Appellant claimed he was having supper and later conversing with his cousin and a neighbor outside the house at the time of the alleged incident. He asserted that the charge was a malicious fabrication by the victim’s aunt, Jocelyn Reformado, whose motive was to gain custody of Rosemarie and her sister. The Regional Trial Court convicted appellant of rape and imposed the death penalty, prompting this automatic review.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused for the crime of rape beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. The Court found the testimony of the young victim to be credible, straightforward, and consistent with the medical findings of hymenal lacerations. The Court held that the alleged inconsistencies between her sworn statement and her court testimony pertained to minor details that did not undermine the essential fact of sexual violation. The defense of alibi was properly rejected as it was not physically impossible for the appellant to have been at the scene of the crime. The Court also found the imputed ulterior motive of the aunt to be insufficient to discredit the clear and positive testimony of the victim.
However, the Court reduced the penalty from death to reclusion perpetua. The information alleged that the victim was a ten-year-old girl, which constitutes a qualifying circumstance for statutory rape under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 . Nevertheless, the Court emphasized that for the death penalty to be imposed, such qualifying circumstances must be alleged with specificity and certainty in the information. The Court found the allegation in this case lacking the precise language required to justify the supreme penalty. Consequently, the proper penalty is reclusion perpetua. The Court also awarded civil indemnity of ₱50,000.00 in addition to the ₱50,000.00 moral damages granted by the trial court.