GR 128619; (December, 1998) (Digest)
G.R. No. 128619 December 17, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELEUTERIO DIMAPILIS, accused-appellant.
FACTS
Accused-appellant Eleuterio Dimapilis was convicted by the Regional Trial Court of Makati on three counts of rape committed against his ten-year-old stepdaughter, Sharon Salas. The informations alleged the rapes occurred in September 1994, February 1996, and May 1996 in Makati City, each committed with force and intimidation at knifepoint. The trial court, crediting the consistent and categorical testimony of the victim, found the accused guilty beyond reasonable doubt and imposed the death penalty for each count. The case was elevated to the Supreme Court for automatic review due to the imposition of the capital punishment.
The defense interposed denial and alibi, claiming the charges were fabricated. The prosecution established that the victim, due to fear and the accused’s threats, did not immediately report the incidents. Her testimony detailed the repeated sexual assaults, which the trial court found credible and sufficient for conviction. The Supreme Court, in its review, affirmed the factual findings of the trial court regarding the commission of the crimes.
ISSUE
Whether the trial court erred in convicting the accused and in imposing the death penalty.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s assessment of the victim’s credibility, noting that her testimony was straightforward, consistent, and worthy of belief. The defense of denial and alibi could not prevail over her positive identification. However, the Court reduced the penalty from death to reclusion perpetua for each count. The imposition of the death penalty was improper due to a fatal technical flaw in the informations. While the crimes were committed by a stepfather, a qualifying circumstance under the law, the informations failed to specifically allege the exact ages of both the victim and the accused. For the death penalty to be applied in rape cases, the special qualifying circumstances, including relationship and the victim’s minority, must be alleged with particularity in the information. This omission constituted a violation of the accused’s constitutional right to be informed of the nature and cause of the accusation against him. Consequently, the penalty was reduced to reclusion perpetua for each count. The Court also modified the civil indemnity, awarding the victim P50,000.00 for each count of rape.