GR 131609; (August, 2001) (Digest)
G.R. No. 131609 ; August 27, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BONIFACIO PUERTA Y RODRIGUEZ, accused-appellant.
FACTS
The accused-appellant, Bonifacio Puerta, was charged with the rape of his nine-year-old daughter, Janet Puerta, on August 12, 1996, in Tigaon, Camarines Sur. The prosecution presented the victim, Janet, who testified that around 3:00 p.m., her father arrived home, drank gin, and lay down. He called her to massage his head, then pulled her, removed her panty, kissed her, and laid on top of her. He inserted his penis into her vagina, causing her pain and making her cry. He threatened to kill her, her mother, and grandmother if she told anyone. Her younger siblings were present in the house. Her mother, Nieves Puerta, arrived and witnessed the act. Nieves immediately went to her mother’s house to report the incident. The following day, Janet was examined by Dr. Peñafrancia Villanueva, who found healed hymenal lacerations consistent with sexual intercourse. The defense presented the accused-appellant, who claimed he was at a town fair (peria) until 6:30 p.m. and that the charge was fabricated due to a marital quarrel and his mother-in-law’s grudge against him. He admitted asking for forgiveness from Janet but claimed it was for whipping her, not for rape. The Regional Trial Court found him guilty and sentenced him to death.
ISSUE
Whether the accused-appellant is guilty beyond reasonable doubt of the crime of rape.
RULING
The Supreme Court affirmed the conviction. The testimony of the victim, who was a minor, was found to be credible, straightforward, and consistent. Her account was corroborated by her mother’s eyewitness testimony and the medico-legal findings of healed hymenal lacerations. The Court rejected the defense of alibi and fabrication, noting that the accused-appellant’s admission of asking for forgiveness from the victim was an implied admission of guilt. The relationship between the accused and the victim (father-daughter) qualified the crime for the imposition of the death penalty under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 . The Court modified the award of damages, increasing the civil indemnity to P75,000.00 and awarding moral damages of P75,000.00 and exemplary damages of P25,000.00. The death penalty was affirmed, subject to the review procedures under Republic Act No. 7659 .