G.R. No. 129397 February 8, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NORBERTO SOLEMA LOPEZ, accused-appellant.

FACTS

The accused-appellant, Norberto Lopez, was charged with the rape of his 15-year-old daughter, Christine Rose A. Lopez, sometime in September 1996 in Asingan, Pangasinan. The prosecution evidence established that in the early morning, while the victim’s mother was outside feeding the carabao, Lopez approached his sleeping daughter, fondled her, forcibly removed her clothing, and had sexual intercourse with her. The victim tried to resist but was overpowered. The crime was revealed months later in February 1997 when, during a drunken tirade, Lopez accused Christine of having an incestuous relationship with her brother. Distraught, Christine fled and later confided in a barangay official. A medical examination revealed healed hymenal lacerations consistent with sexual intercourse.
The defense consisted of a denial, with Lopez claiming the accusation was instigated by relatives due to his drinking. The Regional Trial Court found Lopez guilty beyond reasonable doubt of rape qualified by relationship and the minority of the victim, imposing the death penalty and ordering him to pay moral and exemplary damages. The case was elevated to the Supreme Court for automatic review.

ISSUE

Whether the trial court correctly convicted the accused-appellant of qualified rape and imposed the death penalty.

RULING

Yes, the Supreme Court affirmed the conviction and the imposition of the death penalty. The Court found the testimony of the victim to be credible, straightforward, and consistent. She provided a clear and convincing account of the assault, including the use of force and intimidation by her father, who was in a position of moral ascendancy. Her failure to immediately report the crime was deemed understandable, given her fear and the natural reluctance to accuse her own parent. The medical findings corroborated her claim of sexual violation.
The defense of denial, unsupported by clear and convincing evidence, could not prevail over the positive identification and credible testimony of the victim. The qualifying circumstances of relationship (father-daughter) and the victim’s minority (15 years old) were both duly proven. Under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659, when rape is committed against a minor under eighteen by a parent, the penalty is death. The Court modified the damages, increasing the civil indemnity to P75,000.00 in line with prevailing jurisprudence, in addition to the moral and exemplary damages awarded by the trial court.