GR 130187; (October, 1999) (Digest)
G.R. No. 130187 October 20, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GILBERT MOTOS, accused-appellant.
FACTS
Accused-appellant Gilbert Motos was charged with statutory rape in a sworn complaint filed by seven-year-old Jenalyn Olis, assisted by her mother. The complaint alleged that on March 3, 1994, in Taguig, Metro Manila, Motos, by means of force and intimidation, had carnal knowledge of the complainant against her will. Motos pleaded not guilty upon arraignment.
The prosecution evidence established that on the afternoon of March 3, 1994, Jenalyn and her younger sister were playing inside Motos’s parked jeepney. Motos, who lived in the same two-story house as the victim, called the younger sister into his room. When Jenalyn followed, Motos closed and locked the door. Jenalyn fell asleep on a wooden bed inside the room. She was awakened by Motos’s heavy body on top of her; he was naked from the waist down, and she was no longer wearing her shorts. She felt his penis inside her vagina, experienced excruciating pain, and bled from her genitalia. After the act, Motos gave her a blue-and-white capsule to swallow with water. Later that evening, Jenalyn’s mother, Edna Olis, discovered her daughter bleeding profusely from the vagina. Jenalyn was brought to the Philippine General Hospital, where medical examinations revealed vaginal lacerations and the presence of barbiturates in her system. The defense presented a different version, claiming Motos merely assisted Jenalyn after finding her walking abnormally and bleeding.
ISSUE
Whether the trial court erred in imposing the death penalty for the crime of rape.
RULING
The Supreme Court modified the judgment of the trial court. It held that the trial court erred in imposing the death penalty as the complaint did not allege, nor did the evidence show, any qualifying circumstance that would warrant capital punishment under Republic Act No. 7659. The proper penalty for simple rape is reclusion perpetua. Accordingly, accused-appellant Gilbert Motos was found guilty beyond reasonable doubt of simple rape and sentenced to suffer the penalty of reclusion perpetua. He was also ordered to pay the victim P50,000.00 as civil indemnity and another P50,000.00 as moral damages.