G.R. No. 132124; June 8, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. ROLANDO LEONOR y ANDANTE, appellant.

FACTS

The appellant, Rolando Leonor, was charged with the rape of his six-year-old daughter, Lovely Faith Leonor. The prosecution established that on February 1, 1997, in San Pedro, Laguna, the appellant visited the house where his estranged wife Emily and their children were staying with the maternal grandmother, Priscilla. While the children were watching television, the appellant pulled down his daughter’s shorts and panties, attempted to insert his penis into her vagina, and, upon failing full penetration, inserted his finger instead. Priscilla heard the child cry out in pain, rushed to the scene, and saw the victim holding her private part with her shorts pulled down, while the appellant fled. The child subsequently revealed to her grandmother and mother that the appellant had sexually abused her on five prior occasions, but she was silenced by his threats to kill her and her family. A medico-legal examination confirmed a healed hymenal laceration.
The appellant denied the accusation, claiming it was fabricated in retaliation because he allegedly discovered his wife having an affair with her stepfather on the previous day. He asserted that he had merely visited to bring food to his children, kissed his daughter on the cheek, and noticed she appeared ill. His sister corroborated his claim of being a responsible father and suggested the complaint was orchestrated by the child’s mother and grandmother.

ISSUE

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

RULING

Yes. The Supreme Court affirmed the conviction but modified the penalty and damages. The Court found the testimonies of the child victim and her grandmother to be credible, spontaneous, and consistent. The victim’s tender age of six rendered her incapable of fabricating a tale of sexual abuse, and her immediate outcry to her grandmother carried the hallmarks of truth. The appellant’s defense of denial and frame-up, anchored on an alleged marital dispute, was inherently weak and could not prevail over the positive and categorical identification by the victim. The medico-legal finding of a healed hymenal laceration provided physical corroboration, consistent with the victim’s account of prior abuses.
The crime qualified as statutory rape under Article 266-A(1)(d) of the Revised Penal Code, as the victim was under twelve years of age. However, the death penalty was reduced to reclusion perpetua because the Information failed to allege with specificity the qualifying circumstance of the victim’s minority and her relationship to the offender, which are essential for imposing the supreme penalty. The awards of civil indemnity and moral damages were reduced to ₱50,000.00 each, and exemplary damages to ₱25,000.00, in line with prevailing jurisprudence.