GR 129298; (April, 1999) (Digest)
G.R. No. 129298 April 14, 1999
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLANDO CANTOS y ASISTIO, SR., accused-appellant.
FACTS
Accused-appellant Rolando Cantos was charged with the rape of his 15-year-old stepdaughter, Remedios Cabiad. The prosecution evidence established that on January 29, 1996, Cantos, armed with a bolo, threatened to kill Remedios if she shouted, dragged her, undressed her, and succeeded in having carnal knowledge of her inside their house. Remedios reported the incident to her aunt and the police the following evening. A medical examination revealed complete deep hymenal lacerations. The defense, however, presented a different narrative. Cantos admitted to the sexual act but claimed it was consensual, alleging that he and Remedios had been lovers since 1993. The trial court found the victim’s testimony credible and convicted Cantos of rape, imposing the death penalty.
ISSUE
The core issue is whether the guilt of the accused-appellant for the crime of rape was proven beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s assessment of credibility, finding Remedios’s straightforward account of the rape, including the threat with a bolo, to be convincing and consistent. The Court rejected the defense of a romantic relationship as inherently incredible, noting the absence of corroborative evidence like love notes and the victim’s consistent reference to Cantos as “Tatay.” The medical findings corroborated the claim of recent sexual intercourse. The failure to shout immediately was reasonably attributed to the fear instilled by the deadly weapon. However, the Court reduced the penalty from death to reclusion perpetua. The information alleged the victim’s minority but failed to specifically allege her relationship to the offender (stepfather-stepdaughter) as a qualifying circumstance for the death penalty under the law. With the deadly weapon duly proven, the proper penalty is reclusion perpetua to death; absent aggravating circumstances, the lesser penalty is imposed. The Court also modified the civil liability, ordering an additional P50,000.00 as moral damages.