G.R. No. 128109 ; November 19, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. VENO ESPERAS, appellant.

FACTS

Appellant Veno Esperas was charged with three counts of rape against his sister-in-law, Emie Adier. The Informations uniformly alleged that on August 4, 1995, through force, intimidation, and the use of a knife, the accused had carnal knowledge of the victim, a “girl of 15 years of age,” against her will. The Regional Trial Court convicted Esperas of three counts of qualified rape, imposing the death penalty for each count. The trial court found the crimes attended by the qualifying circumstances that the victim was below eighteen and the offender was related to the victim within the second degree of affinity.
The prosecution established that the appellant, husband of the victim’s sister, lured the victim to his house and raped her three times while threatening her with a knife. The defense interposed denial and alibi, claiming he was elsewhere at the time. The case was elevated to the Supreme Court for automatic review due to the imposition of the death penalty.

ISSUE

Whether the trial court correctly convicted the appellant of qualified rape punishable by death.

RULING

No. The Supreme Court modified the conviction from qualified rape to simple rape. For a conviction of qualified rape under Republic Act No. 7659 , the qualifying circumstances must be both alleged with certainty in the Information and proven during trial. Here, the Informations failed to allege the appellant’s relationship to the victim as her brother-in-law. Relationship is a qualifying circumstance that alters the nature of the crime and increases the penalty; its omission from the charge is fatal to a finding of qualified rape, as it violates the constitutional right of the accused to be informed of the nature and cause of the accusation.
Furthermore, while the Informations alleged the victim was fifteen, the prosecution failed to conclusively prove her exact age at the time of the commission of the crime. The victim’s testimony and her mother’s testimony regarding her age were inconsistent and not supported by a certified copy of her birth certificate. Age, when used to qualify the crime, is an essential element that must be proved with equal certainty as the crime itself. The failure to prove the victim was under eighteen precludes the imposition of the death penalty under the law then in effect. Consequently, the qualifying circumstances could not be appreciated. The appellant is guilty only of three counts of simple rape, and the penalty for each is reclusion perpetua. The awards of civil indemnity and moral damages were affirmed.