GR 128346; (August, 2000) (Digest)
G.R. Nos. 128346-48; August 14, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SIMEON B. CRUZ a.k.a. “Barok”, accused-appellant.
FACTS
The appellant, Simeon B. Cruz, was convicted by the Regional Trial Court of three counts of rape committed against his daughter, Vanessa S. Cruz, and was sentenced to death for each count. The incidents occurred in August and November 1994 in Gen. Natividad, Nueva Ecija. The prosecution evidence established that Simeon, Vanessa’s father, would arrive home intoxicated, force her into a bedroom, and through force, violence, and intimidation, have carnal knowledge of her. Vanessa, who was a minor living with her father while her mother worked abroad, detailed specific acts of sexual assault, including threats to kill her and her grandmother if she reported the crimes. The defense interposed denial and alibi, claiming the charges were fabricated due to family discord.
ISSUE
The core issue for automatic review is whether the trial court correctly convicted the appellant of three counts of qualified rape punishable by death.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimony of the victim to be credible, consistent, and sufficient to establish the fact of rape beyond reasonable doubt. Her detailed account of the force, intimidation, and sexual acts, coupled with the moral ascendancy of her father, convincingly proved the elements of the crime. However, the Court ruled that the penalty of death could not be imposed. While the criminal complaints alleged the qualifying aggravating circumstance of relationship (the accused being the father), they failed to specifically allege the victim’s minority, which is an essential element for qualifying the rape to a capital offense under the applicable law, Republic Act No. 7659 . An indictment must allege every essential element of the offense with particularity. The omission of Vanessa’s age in the complaints meant the appellant was not properly informed that he was being charged with a capital offense. Consequently, he could only be convicted of three counts of simple rape, each punishable by reclusion perpetua. The Court also awarded civil indemnity and moral damages of P50,000.00 each for every count of rape.