GR 130662; (October, 2003) (Digest)
G.R. No. 130662 ; October 15, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. SERGIO ABON y ESTEBAN, appellant.
FACTS
The appellant, Sergio Abon, was charged with the qualified rape of his 13-year-old granddaughter, Charito Abon, in January 1995 in Binalonan, Pangasinan. The prosecution evidence established that while Charito and her younger brother Alexander were in their backyard, appellant sent Alexander to buy cigarettes. Appellant then threatened Charito with a bolo, forcibly undressed her, and had carnal knowledge of her against her will. Alexander, upon returning, witnessed the act but was too scared to intervene. Charito reported the incident to her grandmother and later to her aunt, Cristeta Bayno, who facilitated a medical examination. The medical certificate confirmed old hymenal lacerations. The defense presented a denial, alleging Charito was in Manila at the time and that the complaint was instigated by Cristeta due to a land dispute. Alexander recanted his initial testimony, claiming he was coached.
ISSUE
Whether the prosecution proved the guilt of the appellant for the crime of rape beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction but modified the penalty and damages. The Court found Charito’s testimony credible, straightforward, and consistent. Her account of the use of a bolo to instill fear constituted the requisite force and intimidation for rape. The medical findings of old hymenal lacerations corroborated her claim of prior sexual abuse. The defense of denial and alleged ill motive could not prevail over the positive identification and credible narrative of the victim. The Court emphasized that testimonies of child-victims of rape are given full weight and credit. However, the case was not qualified by circumstances warranting the death penalty under the law at the time of commission. The qualifying circumstance of relationship (grandfather-granddaughter) was not alleged in the Information with the requisite specificity to justify the imposition of death. Thus, the crime is simple rape, punishable by reclusion perpetua. The awards were modified to P50,000.00 civil indemnity, P50,000.00 moral damages, and P25,000.00 exemplary damages.