GR 131858; (April, 1999) (Digest)
G.R. No. 131858 April 14, 1999
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee vs. ALFREDO ALBA, accused-appellant.
FACTS
Accused-appellant Alfredo Alba was charged with two counts of rape against his daughter, Janette Alba. The first information alleged the crime occurred in May 1993 in Barangay Tamban, Camarines Sur, when Janette was nine years old. The second information alleged a repeat offense on February 7, 1994, at their dwelling. The prosecution presented Janette, who testified that her father sexually assaulted her on both occasions. Medical examination confirmed hymenal lacerations. The defense consisted solely of Alba’s denial, claiming the charges stemmed from a disagreement between Janette and his common-law wife.
The Regional Trial Court convicted Alba. In Criminal Case No. 94-5516 (May 1993), he was sentenced to reclusion perpetua. In Criminal Case No. 94-5517 (February 1994), he was sentenced to death, as the crime was committed after the effectivity of Republic Act No. 7659 , which prescribes the death penalty for rape when the victim is under eighteen and the offender is a parent. The court also awarded damages. The case was automatically reviewed by the Supreme Court due to the death penalty.
ISSUE
Whether the conviction of Alfredo Alba for two counts of rape and the imposition of the death penalty for one count are proper.
RULING
The Supreme Court affirmed the conviction but modified the awards of damages. The Court found Janette’s testimony credible, straightforward, and consistent. As a child-victim, her testimony is given full weight and credit, especially when the crime involves sexual assault. The medical findings corroborated her account. Alba’s bare denial cannot prevail over the positive identification and categorical testimony of the victim. The defense of frame-up due to a family quarrel was unsubstantiated.
Regarding the penalty, the Court sustained the imposition of reclusion perpetua for the first count. For the second count, the elements for qualified rape under Article 335 of the Revised Penal Code, as amended by R.A. No. 7659 , were present: carnal knowledge of a woman under eighteen years of age by a parent. The victim’s birth certificate proved she was ten at the time, and Alba, as her father, is a parent. Thus, the death penalty was correctly imposed. The civil indemnity for the second count was increased to P75,000.00, and moral damages for both counts were set at P50,000.00 each. The award of exemplary damages was deleted for lack of legal basis.