G.R. Nos. 130659 & 144002; August 14, 2002
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO ROQUE, accused-appellant.
FACTS
Antonio Roque, the appellant, was accused of raping his two daughters, Analiza (9 years old) and Arcely (12 years old). The family lived separately, with Shirley Roque (the mother) working as a cook and Arcely staying with her grandparents. Analiza reported seeing suspicious movements under a blanket with Arcely and their father. Shirley initially dismissed it but later confronted Arcely, who confirmed the sexual abuse. Shirley also learned Analiza was molested. She reported the incidents to the barangay captain and police. Analiza testified that her father, at knife-point, forced her to have sex, though medical examination showed she was still a virgin. Arcely testified to multiple incidents of rape, including one in a rice field. Two Informations for rape were filed. The accused raised defenses of denial and alibi, claiming he worked away from home and that the charges were concocted by his wife due to her illicit relationship. The trial court found him guilty beyond reasonable doubt and imposed the death penalty for each case.
ISSUE
1. Whether the trial court erred in finding the accused guilty beyond reasonable doubt of rape despite alleged insufficiency of prosecution evidence.
2. Assuming guilt, whether the trial court erred in imposing the death penalty despite lack of clear indication of the exact date of commission of the offense.
RULING
The Supreme Court affirmed the conviction but modified the penalty. It found the testimonies of the victims, Analiza and Arcely, credible, forthright, and consistent. The defense of alibi was weak and uncorroborated. The medical finding of Analiza’s intact hymen did not negate rape, as complete penetration is not required. However, regarding the penalty, the Court held that the Informations, which alleged the offenses occurred “sometime in 1992 and subsequent thereto in 1994,” were too imprecise and spanned a two-year period. This undue breadth violated the accused’s right to be informed of the charges and made it difficult for him to substantiate his alibi defense for such a wide timeframe. Consequently, while guilt was proven beyond reasonable doubt, the imposition of the death penalty was improper. The penalty was reduced to reclusion perpetua for each case. The civil indemnity of P50,000.00 for each victim was affirmed, with additional awards of P50,000.00 moral damages and P25,000.00 exemplary damages to each.