G.R. No. 123544 July 29, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAUL BERANA y GUEVARRA, accused-appellant.

FACTS

On June 2, 1994, around 2:00 AM, 14-year-old Maria Elena Jarcia was sleeping in Naga City when she was awakened by her brother-in-law, accused-appellant Raul Berana. He pointed a “buntot page” at her neck, threatened to kill her if she made noise, and proceeded to rape her twice. Afterward, Elena reported the incident to her sister, and a medical examination confirmed the presence of spermatozoa and hymenal lacerations. An amended information was filed, alleging that accused-appellant was a relative of the offended party within the third civil degree. Accused-appellant admitted to sexual intercourse but claimed it was consensual, alleging that Elena had initiated the act and that they had a prior intimate encounter in December 1993. The Regional Trial Court found him guilty of rape and imposed the death penalty. The case was elevated to the Supreme Court for automatic review.

ISSUE

Whether the prosecution proved beyond reasonable doubt the qualifying circumstance that accused-appellant is a relative of the victim within the third civil degree, which would warrant the imposition of the death penalty.

RULING

The Supreme Court AFFIRMED the conviction for rape but MODIFIED the penalty. The Court found that the prosecution failed to prove with clear and positive evidence the relationship between accused-appellant and the victim. The testimony of the victim’s mother regarding the relationship was deemed insufficient as it was not based on personal knowledge but on what she was told by others. Furthermore, the birth and marriage certificates presented did not conclusively establish the relationship. Consequently, the qualifying circumstance for the imposition of the death penalty under Republic Act No. 7659 was not proven. The penalty was reduced to reclusion perpetua. Accused-appellant was ordered to pay the victim P50,000 as civil indemnity and P50,000 as moral damages.