GR 124736; (January 1998) (Digest)
G.R. No. 124736 January 22, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO GALLO y IGLOSO, accused-appellant.
FACTS
The accused-appellant, Romeo Gallo y Igloso, was charged with the crime of rape against his own daughter, Marites Gallo y Segovia, who was thirteen years old at the time of the incident in May 1994. The information alleged that the accused, by means of force and intimidation, had sexual intercourse with the victim in Cardona, Rizal. The accused pleaded not guilty. The prosecution presented evidence that the victim had suffered repeated sexual abuse from her father since she was ten years old. The last incident occurred in their house in May 1994, where the accused, taking advantage of the victim being alone with her sleeping younger brother, undressed her, threatened to kill her, and inserted his penis into her vagina. The victim later reported the incident to her aunt and the barangay captain. A medico-legal examination confirmed the victim was in a non-virgin state. The defense consisted of the accused’s denial, claiming the charges were fabricated due to his mother-in-law’s prodding because of his poverty and because he had spanked the victim.
ISSUE
The central issue is whether the prosecution proved beyond reasonable doubt that the accused-appellant committed the crime of rape against his daughter.
RULING
The Supreme Court affirmed the conviction and the imposition of the death penalty. The Court found the testimony of the young victim to be credible, straightforward, and consistent. It held that when the victim’s testimony is credible, it is sufficient to sustain a conviction for rape. The Court rejected the defense of denial and alibi as weak and unsubstantiated. The crime was qualified by the relationship (father-daughter) and the victim’s age (13 years old), which under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , mandates the penalty of death. The Court increased the civil indemnity to P50,000.00. The records were ordered forwarded to the Office of the President for possible exercise of the pardoning power.