G.R. No. 126096 . July 26, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AMADO SANDRIAS JAVIER, accused-appellant.

FACTS

Three separate complaints for rape were filed against accused-appellant Amado Sandrias Javier by his 16-year-old daughter, Julia Ratunil Javier. The complaints alleged that on October 20, November, and December of 1994, Javier, by means of force and intimidation, had carnal knowledge of his daughter inside their home in Cagayan de Oro City while her mother was out. The victim testified that during each incident, her father boxed her, rendered her unconscious, and threatened to kill her if she reported the assaults. She remained silent out of fear until her pregnancy became apparent, prompting her to confess to her grandmother. Medical examination confirmed old hymenal lacerations and a pregnancy consistent with the alleged period. The trial court convicted Javier of three counts of qualified rape and imposed the death penalty, citing the victim’s minority and her relationship to the accused as qualifying circumstances.

ISSUE

The core issue is whether the prosecution proved beyond reasonable doubt the qualifying circumstance of the victim’s minority, which is essential for imposing the death penalty under Republic Act No. 7659 .

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court held that while the rape itself was sufficiently proven through the victim’s credible and consistent testimony, corroborated by medical findings, the prosecution failed to conclusively establish her minority. For the death penalty to be imposed in cases of incestuous rape, the victim’s age must be proven with the same degree of certainty as the crime itself. The information alleged she was 16, and her testimony stated she was born in 1978, but no independent documentary evidence like a birth certificate was presented. In capital cases, the minority of the victim cannot be presumed or established solely by the allegations in the information or the victim’s uncorroborated testimony. The absence of such independent proof creates reasonable doubt regarding the qualifying circumstance. Consequently, the crime is deemed simple rape, not its qualified form. The Court sentenced Javier to reclusion perpetua for each count and ordered him to pay civil indemnity, moral damages, and exemplary damages to the victim.