GR 130408; (June, 2000) (Digest)
G.R. No. 130408 ; June 16, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINADOR HISTORILLO, accused-appellant.
FACTS
The accused-appellant, Dominador Historillo, was charged with the rape of his daughter, Jennifer Historillo, in March 1995 in Pinamalayan, Oriental Mindoro. The complaint alleged the crime was committed by means of force and intimidation. During trial, Jennifer testified to multiple incidents of rape beginning in 1994. The last incident in March 1995 occurred when her intoxicated father dragged her from bed, strangled her, and had carnal knowledge despite her pleas. This resulted in a pregnancy, later confirmed by medical examination. The defense presented no evidence, and the appellant, during his testimony, admitted to raping his daughter, stating his initial “not guilty” plea was due to his wife’s attempt to settle the case.
ISSUE
The core issues were: (1) the validity of an unsworn criminal complaint; (2) the sufficiency of evidence for conviction; (3) whether the qualifying circumstance of relationship was properly alleged to justify the death penalty; and (4) the propriety of awarding moral and exemplary damages.
RULING
The Supreme Court affirmed the conviction but modified the penalty and damages. On the first issue, the lack of oath in the complaint was a mere formal defect that did not void the proceedings or oust the court of jurisdiction. On the second issue, the appellant’s judicial confession, corroborated by the victim’s credible testimony and medical evidence, established guilt beyond reasonable doubt. However, on the pivotal third issue, the Court ruled that the imposition of the death penalty was erroneous. The information failed to specifically allege the qualifying circumstance of relationship (that the accused is the father of the victim). While proven during trial, such a qualifying circumstance must be expressly stated in the complaint to inform the accused of the capital charge and afford due process. Its absence meant the crime could only be treated as simple rape. Consequently, the penalty was reduced to reclusion perpetua. Finally, the Court awarded moral damages of P50,000 and exemplary damages of P25,000, in addition to the P50,000 civil indemnity, recognizing the gravity of the crime and the presence of the aggravating circumstance of relationship.