G.R. No. 127566 November 22, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EULALIO PADIL, accused-appellant.

FACTS

Cherilyn Magos, a thirteen-year-old girl, filed a complaint for multiple rape against her maternal grandfather, Eulalio Padil. She alleged the abuse began in April 1992 and occurred with horrifying frequency, sometimes twice nightly. However, only ten specific counts of rape were formally filed, detailing incidents from March 9 to 18, 1996, and the initial rape in April 1992. The cases were consolidated and tried. Cherilyn testified that after her father’s death, she and her siblings lived with the accused. She recounted how Padil, through force and intimidation, raped her repeatedly, threatening to kill her if she reported the acts. Her testimony was corroborated by her brother and a medico-legal officer who confirmed her non-virgin state and healed lacerations.
The Regional Trial Court convicted Padil of nine counts of rape and acquitted him in one case (Criminal Case No. 96-05-147) due to reasonable doubt. The court imposed the death penalty for the eight rapes committed in 1996, citing the qualifying circumstance of relationship where the victim is a descendant, and reclusion perpetua for the 1992 rape, as the victim was then under twelve but the information did not allege her precise age. Padil appealed, challenging Cherilyn’s credibility and the imposition of the death penalty.

ISSUE

The primary issue is whether the guilt of the accused-appellant for the crimes of rape was proven beyond reasonable doubt, and whether the imposition of the death penalty for the qualified rapes was proper.

RULING

The Supreme Court affirmed the conviction but modified the penalties and damages. The Court upheld the trial court’s assessment of Cherilyn’s credibility, noting her candid and consistent testimony which withstood rigorous cross-examination. The defense of denial and alibi was deemed weak and unsubstantiated. The Court found the elements of rape through force and intimidation fully established for the nine counts.
Regarding the penalties, the Court applied Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 . For the eight rapes committed in March 1996, the death penalty was correctly imposed as the qualifying circumstance of relationship—where the offender is a grandfather and the victim is his granddaughter, a descendant—was duly alleged in the informations and proven. For the rape committed in April 1992, where the victim was under twelve years old, the penalty is reclusion perpetua. However, since the information for that case did not specifically allege Cherilyn’s age at that time, it could not be treated as a qualifying circumstance to warrant death; thus, reclusion perpetua was affirmed. The Court also ordered the accused to pay civil indemnity and moral damages to the victim. The records were ordered forwarded to the Office of the President in accordance with the rules on the execution of the death penalty.