GR 132045; (August, 2000) (Digest)
G.R. No. 132045; August 25, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO BANIHIT alias “BOBBY”, accused-appellant.
FACTS
The accused-appellant, Roberto Banihit, was convicted of rape and sentenced to death by the Regional Trial Court. The victim, Glaiza Mae Banihit, was his niece, a day short of nine years old at the time of the incident. On September 7, 1997, the accused-appellant fetched Glaiza under the pretext of looking for her father. He brought her to a grassy lot, undressed her, and had sexual intercourse with her while she was pinned on a large tire. Glaiza felt pain but was afraid to cry. The following evening, due to vaginal pain, she revealed the assault to her mother, who found physical signs of injury. A medical examination confirmed a healing hymenal laceration and the presence of gonorrhea. A subsequent compulsory medical examination of the accused-appellant also yielded findings suggestive of gonorrhea.
ISSUE
The primary issue is whether the accused-appellant is guilty of rape. A secondary, pivotal issue is whether the qualifying circumstance of relationship, which would warrant the death penalty, was properly alleged in the Information.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found the victim’s testimony credible, straightforward, and consistent, and it was corroborated by medical findings and the fact that both victim and accused tested positive for gonorrhea. The defense’s failure to present evidence further bolstered the prosecution’s case. However, the Court reduced the penalty from death to reclusion perpetua. The Information alleged that the victim was the accused’s niece but failed to specifically allege that this relationship was within the third civil degree, a requisite for the death penalty under Article 335 of the Revised Penal Code. Qualifying circumstances for capital punishment must be alleged with particularity and certainty. This omission means the crime is considered simple rape, punishable by reclusion perpetua. The Court also awarded moral damages to the victim.