GR 132146; (March, 2004) (Digest)
G.R. No. 132146 , March 10, 2004
People of the Philippines vs. Dante Gaufo y Dilao
FACTS
The appellant, Dante Gaufo, was charged with the rape of ten-year-old Imee Comandao. The prosecution established that on February 6, 1994, Gaufo, who was drinking with the victim’s father, lured Imee to a grassy vacant lot. There, he struck her with a piece of wood, punched her, and rendered her unconscious. Eyewitness Nonito Dagohoy discovered Gaufo naked on top of the unconscious and bleeding victim. The community apprehended Gaufo at the scene. Medico-legal examination confirmed fresh hymenal laceration and multiple physical injuries consistent with the alleged assault. The defense presented a denial, claiming Gaufo merely found the victim unconscious.
ISSUE
Whether the prosecution proved the guilt of the appellant for the crime of rape beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction but modified the penalty. The Court found the testimonies of the victim and the eyewitness, Dagohoy, to be credible, consistent, and corroborated by the physical evidence and the medico-legal findings. The defense of denial cannot prevail over the positive identification and the clear evidence of carnal knowledge. The Court upheld the trial court’s factual findings, emphasizing that the assessment of witness credibility is best undertaken by the trial judge.
However, the Court modified the crime from statutory rape to simple rape. The Information alleged force and intimidation and did not specifically allege the victim’s age as an element of statutory rape under the then-effective Revised Penal Code. For statutory rape, the minority of the victim (below twelve) and her relationship to the offender must be specifically alleged in the Information. Since the Information here only alleged force and intimidation, the crime committed was simple rape, punishable by reclusion perpetua, not death. The Court thus sentenced Gaufo to reclusion perpetua and affirmed the award of P50,000 civil indemnity, adding P50,000 moral damages.