G.R. No. 125633 December 9, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLANDO ALFANTA y ALO, accused-appellant.

FACTS

Accused-appellant Rolando Alfanta was convicted of rape and sentenced to death by the Regional Trial Court. The prosecution evidence established that in the early morning of August 26, 1995, in Makati City, Alfanta entered a house where the victim, Nita Fernandez, was sleeping. He boxed her, threatened her with a bolo, and forced her to a vacant house. There, through force and intimidation, he had carnal knowledge of her vaginally and anally. After Alfanta fell asleep, Fernandez seized his bolo, stabbed and hacked him, and then reported the incident to soldiers. Alfanta survived and was identified as the perpetrator.
At trial, Alfanta claimed the sexual act was consensual, alleging he and Fernandez were sweethearts. The trial court rejected this defense, finding the victim’s testimony credible and consistent with the medico-legal findings. The court convicted Alfanta of rape, appreciating the aggravating circumstances of nighttime and ignominy, and imposed the death penalty.

ISSUE

Whether the trial court erred in imposing the death penalty despite the information charging only simple rape.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the finding of guilt beyond reasonable doubt, ruling that the victim’s clear, consistent, and credible testimony, corroborated by medical evidence, sufficiently established the rape. The defense of sweetheart relationship was properly rejected for being uncorroborated and contrary to the evidence of force and violence.
However, the Court reduced the penalty from death to reclusion perpetua. The information alleged only the essential elements of simple rape and did not specify any qualifying circumstances that would warrant the death penalty under Republic Act No. 7659 . Convicting an accused of a qualified offense and imposing capital punishment when the qualifying circumstance was not alleged in the information violates the constitutional right to be informed of the nature and cause of the accusation. Simple rape carries the single indivisible penalty of reclusion perpetua. Under Article 63 of the Revised Penal Code, this penalty must be applied regardless of the presence of aggravating circumstances, such as nighttime and ignominy, which do not alter the penalty for a single indivisible penalty. The award of civil indemnity was affirmed, and moral damages were additionally granted.