G.R. No. 130593; June 19, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO ARILLAS y MONTOYA, accused-appellant.
FACTS
Amor O. Arillas accused her father, Romeo Arillas, of raping her on two occasions in December 1995 and February 10, 1996, when she was 16 years old. She testified that on both dates, while alone with her father in their house in Camarines Sur, he used force, violence, and intimidation to have carnal knowledge of her. Medical examination revealed old hymenal lacerations consistent with penetration. The defense interposed denial and alibi, claiming the charges were fabricated due to a family quarrel. The trial court convicted appellant of two counts of rape and, considering the victim was under 18 and appellant was her parent, imposed the death penalty under RA 7659.
ISSUE
Whether the trial court correctly convicted the accused-appellant of two counts of qualified rape punishable by death.
RULING
The Supreme Court affirmed the conviction but modified the penalty and damages. The Court found the victim’s testimony credible, consistent, and corroborated by medical evidence, thereby establishing guilt beyond reasonable doubt. However, the Court ruled that the death penalty could not be imposed. While the evidence proved the qualifying circumstances of minority and relationship, the Informations failed to allege that the victim was under eighteen (18) years of age at the time of the commission of the crime. The Informations only alleged that the victim was the daughter of the accused. Under the rules on criminal procedure, qualifying circumstances must be specifically alleged in the Information to warrant the imposition of a higher penalty. Since the Informations charged only the simple form of rape, the proper penalty is reclusion perpetua for each count. The Court also modified the awards of damages, granting P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages for each count of rape.
