G.R. No. 130607 November 17, 1999
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RUSTICO RIVERA Y PALACIO, accused-appellant.

FACTS

The accused-appellant, Rustico Rivera, was charged with the qualified rape of his ten-year-old daughter, Alphamia A. Rivera, on May 16, 1995, in Calumpit, Bulacan. The prosecution presented Alphamia, who testified that while she and her siblings were being put to sleep by their father, he molested and had carnal knowledge of her. She detailed the acts of force and intimidation, stating he threatened to choke her if she told anyone. Her younger sister, Nina Joy, corroborated the account, testifying she witnessed the assault while pretending to be asleep. Their mother, Amalia Rivera, discovered the incident through Nina Joy and subsequently reported it, leading to Rustico’s arrest. A medico-legal examination confirmed old hymenal lacerations and recent tenderness consistent with a sexual assault.
The defense presented Rustico Rivera, who denied the allegations and claimed the charges were fabricated due to marital discord. A defense witness, Dr. Dominick Aguda, offered a contrary medical opinion, suggesting the findings could be consistent with other causes. The Regional Trial Court found the accused guilty beyond reasonable doubt of qualified rape and imposed the death penalty, prompting this automatic review.

ISSUE

Whether the constitutional presumption of innocence was overcome by proof beyond reasonable doubt to sustain the conviction for qualified rape and the imposition of the death penalty.

RULING

Yes, the conviction and penalty are affirmed. The Supreme Court held that the prosecution successfully discharged its burden of proof. The testimony of the victim, Alphamia, was clear, credible, and consistent. Her candid and straightforward narration of the traumatic event, including the use of force and threats, was deemed credible by the trial court. This credibility assessment is accorded great weight on appeal. The testimony was powerfully corroborated by her sister, Nina Joy, an eyewitness, and by the medico-legal findings which, while indicating old lacerations, also showed recent tenderness supporting the claim of a fresh assault.
The Court rejected the defense of denial and alibi, finding them weak and unsubstantiated against the positive identification and detailed testimonies of the prosecution witnesses. The relationship between the accused and victim, being father and daughter, and the minority of the victim (ten years old) were both duly proven. These circumstances qualify the crime under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , making the rape punishable by death. The Court treated the concurrence of minority and relationship as a special qualifying circumstance, mandating the supreme penalty. Accordingly, the death penalty was affirmed. The civil indemnity was increased to P75,000.00, and moral damages of P50,000.00 were sustained.