GR 126359; (October, 2001) (Digest)
G.R. No. 126359; October 25, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARLITO OLIVA y SALAZAR, accused-appellant.
FACTS
On April 4, 1996, in Parañaque City, five-and-a-half-year-old Analyn Baldon was playing at a plaza. Appellant Carlito Oliva, known to the victim’s family, approached Analyn, gave her money, and later took her away. Her parents, Remedios and Elmer Baldon, searched for her upon realizing she was missing. A witness, Elmer Reyes, testified to seeing appellant walking with Analyn towards a market area that evening. Analyn returned home alone the next morning, exhibiting signs of trauma, mosquito bites, and physical injuries.
The victim’s mother observed Analyn’s dirty shorts and a wound on her swollen vagina. When asked, Analyn confirmed that “Inggo” (appellant) was the one who molested her. The family reported the incident, leading to appellant’s arrest. The NBI medico-legal examination confirmed a vaginal and hymenal laceration consistent with sexual abuse. Appellant was charged with Kidnapping with Rape.
ISSUE
Whether the prosecution proved beyond reasonable doubt the guilt of appellant for the complex crime of Kidnapping with Rape.
RULING
Yes, the Supreme Court affirmed the conviction and the imposition of the death penalty. The Court found the testimonies of the victim and the prosecution witnesses credible and consistent. Analyn’s candid account of being taken to a grassy area (“damuhan”) and molested, corroborated by the medical findings, established the fact of rape. The element of kidnapping was satisfied by appellant’s act of taking the minor child away from the plaza without her parents’ consent and detaining her for a period, as evidenced by her overnight absence and the circumstances of her discovery.
The crime committed is the special complex crime of Kidnapping with Rape under Article 267 of the Revised Penal Code, as amended by R.A. 7659. The law mandates the imposition of the death penalty when the victim of kidnapping is a minor and is raped on the occasion thereof. The victim was conclusively proven to be under seven years old at the time of the crime, as evidenced by her birth certificate. The Court found no mitigating circumstances and upheld the penalty of death, subject to automatic review. The award of civil indemnity and moral damages was also affirmed.