G.R. No. 129289 . July 29, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE CARULLO y SARMIENTA, accused-appellant.

FACTS

Accused-appellant Jose Carullo was charged with two counts of rape against his 17-year-old daughter, Emily Carullo, occurring on the evening of October 20 and the early morning of October 21, 1996, in Polangui, Albay. The prosecution presented Emily, who testified that her father, armed with a bolo, threatened and forcibly had sexual intercourse with her on both occasions. Her brother, Jon-jon, corroborated her account by testifying he overheard the incident and his sister’s cries. Their mother, Iluminada, confirmed the familial relationship. Dr. Arnel Borja’s medical examination revealed hymenal lacerations consistent with recent sexual penetration.
The defense presented witnesses, including the appellant himself, who denied the accusations and claimed the charges were fabricated due to a family dispute. He alleged an alibi, stating he was elsewhere during the alleged incidents. The trial court found the prosecution’s evidence credible and convicted Carullo of two counts of rape, imposing the death penalty for each count, citing the qualifying circumstance of relationship and the victim’s minority.

ISSUE

The core issue is whether the trial court erred in convicting the accused-appellant of two counts of rape and imposing the death penalty based on the evidence presented.

RULING

The Supreme Court affirmed the conviction and the imposition of the death penalty. The Court upheld the trial court’s assessment of credibility, emphasizing that the testimony of the victim, Emily, was clear, consistent, and credible. In rape cases, the victim’s testimony, if credible, is sufficient to sustain a conviction. The medical findings of hymenal lacerations corroborated her account of recent sexual intercourse. The Court found the defense of denial and alibi weak and unsubstantiated, especially when juxtaposed with the positive and categorical identification by the victim.
The legal logic for affirming the death penalty rests on the application of Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 . The law mandates the imposition of the death penalty when the rape victim is under eighteen years of age and the offender is a parent, as in this case where the appellant is the father of the 17-year-old victim. This qualifying circumstance was sufficiently alleged in the informations and proven during trial. The Court modified the civil liabilities, awarding P75,000.00 as civil indemnity and P50,000.00 as moral damages for each count of rape. The records were ordered forwarded for possible executive clemency, in accordance with procedural rules on death penalty cases.