GR 128288; (April, 1999) (Digest)
G.R. No. 128288 April 20, 1999
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. WILFREDO ONABIA alias “ODOY”, accused-appellant.
FACTS
The accused-appellant, Wilfredo Onabia, was convicted by the Regional Trial Court of four counts of rape against his 9-year-old stepsister, Raquel B. Eballe. The incidents occurred on February 15, 1994, August 10, 1994, October 7, 1995, and November 6, 1995. In the first instance, the appellant lured the victim to a remote copra drier, threatened to kill her and her family, and forcibly had carnal knowledge of her. The subsequent rapes occurred within their home, often under the guise of requesting a massage, with the appellant employing similar threats of death to ensure her submission and silence. The victim eventually reported the assaults to her brothers, leading to a medical examination which confirmed old hymenal lacerations.
ISSUE
The core issue for automatic review is the correctness of the conviction and the imposition of the death penalty for one count and reclusion perpetua for the others, including the appreciation of aggravating circumstances.
RULING
The Supreme Court affirmed the conviction but modified the penalties and damages. The legal logic proceeds from the elements of rape. The victim’s credible, categorical, and consistent testimony, corroborated by medical findings, sufficiently established all elements of carnal knowledge through force and intimidation. The Court found the defense of denial and alibi weak and unsubstantiated. Regarding the penalties, the Court correctly applied Article 335 of the Revised Penal Code, as amended by R.A. 7659. For the rape committed on February 15, 1994, where the victim was under twelve, the prescribed penalty is reclusion perpetua to death. The trial court imposed death, appreciating the aggravating circumstances of abuse of superior strength, abuse of confidence, and relationship. The Supreme Court, however, ruled that relationship is already an element of qualified rape under the amendatory law for victims under twelve, and abuse of confidence is absorbed therein. Abuse of superior strength is inherent in rape. With no other aggravating circumstance, the penalty for that count is reduced to reclusion perpetua. The Court also increased the civil indemnity to P50,000.00 for each count and awarded an additional P50,000.00 as moral damages for each count, following prevailing jurisprudence.