G.R. Nos. 131730-31; April 5, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO FEROLINO a.k.a. FRANCISCO FEROLINO, accused-appellant.

FACTS

Accused-appellant Antonio Ferolino was convicted by the Regional Trial Court of two counts of rape against his eight-year-old niece, Ferlyn Dumaguit, and sentenced to death for each crime. The prosecution established that in April 1995, Ferolino, whom Ferlyn called “Papa Tonio,” twice brought her to a deserted building near their shared residence under the pretext of having her pluck his gray hair. Inside, he removed her underwear, forced her against a wall and later onto a bench, and succeeded in having carnal knowledge through force and intimidation. He threatened to kill her family if she reported the acts. The victim, due to fear, only disclosed the assaults to her mother, Lorelina, after a separate incident where Ferolino was caught molesting another relative. This led to a barangay confrontation, a medical examination, and the filing of formal complaints.
The defense consisted of a denial and an allegation of ill motive, claiming the charges were fabricated because he refused to help the victim’s brother find employment and because of a prior physical altercation with the Dumaguit family. The medical examination revealed an intact hymen, but the examining physician explained that full penetration is not required to constitute rape, and a healed laceration could escape detection. The trial court gave full credence to the victim’s candid and consistent testimony.

ISSUE

Whether the guilt of accused-appellant for the crime of rape was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s assessment of the victim’s credibility, noting that testimonies of child-victims of rape are given full weight and credit. The straightforward, spontaneous, and consistent narration of the eight-year-old, who demonstrated the sexual act in court, was deemed sufficient to establish the elements of rape through force or intimidation. The defense of denial and imputed ill motive could not prevail over the positive and categorical identification by the victim. The medical finding of an intact hymen does not negate rape, as the law does not require proof of complete penetration or a broken hymen; even the slightest penetration of the labia is sufficient.
However, the Court modified the penalty from death to reclusion perpetua for each count. The Informations alleged that the victim was eight years old but failed to specifically allege her exact age and her relationship to the accused as a qualifying circumstance for imposing the death penalty under Republic Act No. 7659 . Qualifying circumstances must be alleged with certainty in the Information to afford the accused the right to be properly informed of the nature of the accusation against him. Consequently, the crimes committed were simple rape, punishable by reclusion perpetua. The Court affirmed the award of P50,000 civil indemnity and P50,000 moral damages for each count and added P25,000 exemplary damages per count.