G.R. No. 124449 June 29, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MANUEL ALITAGTAG y DE LA CRUZ, accused-appellant.

FACTS

Accused-appellant Manuel Alitagtag was charged with three counts of rape committed against his thirteen-year-old daughter, Marilyn, in September 1993, October 1993, and January 1994. The incidents occurred in their family home in San Pedro, Laguna. The prosecution evidence established that Manuel, taking advantage of his wife’s absence, would force himself on his daughter, using threats and physical violence. He warned her not to report the assaults, threatening to kill her and her mother. In December 1993, after a violent altercation with his wife, Manuel took Marilyn and a younger brother to live in his mother’s house, where the third rape incident occurred in January 1994. Marilyn eventually disclosed the abuse to her aunt, leading to the filing of charges.

ISSUE

The core issue for automatic review was whether the trial court correctly convicted Manuel Alitagtag of three counts of rape and properly imposed the penalties, including the death penalty for one count.

RULING

The Supreme Court affirmed the conviction. The Court found Marilyn’s testimony to be credible, consistent, and corroborated by medical evidence. The defense of denial and alibi was weak and uncorroborated. For the rapes committed in September 1993 and January 1994, the penalty of reclusion perpetua was proper. However, for the rape committed in October 1993, the death penalty was correctly imposed. The Court applied Republic Act No. 7659 , which prescribes the death penalty when the victim is under eighteen years of age and the offender is a parent. This qualifying circumstance was alleged in the information and proven during trial. The Court modified the civil indemnity for the death penalty case, increasing it from P50,000 to P75,000, in line with prevailing jurisprudence. Moral and exemplary damages were also upheld to compensate the victim and deter similar abhorrent conduct.