G.R. No. 132364 . May 23, 2001.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFREDO ALVERO y TARADO, accused-appellant.

FACTS

Accused-appellant Alfredo Alvero y Tarado was charged with the rape of four-year-old Ameerah Abu-Hanieh. The prosecution presented the victim, her mother Josephine, and Dr. Aurea Villena of the NBI. Ameerah testified that on October 7, 1996, while she was sleeping in her room, appellant barged in, kissed her, and inserted his penis into her vagina, causing her pain and bleeding. Appellant then washed her vagina. Dr. Villena’s medical examination confirmed a hymenal laceration normally caused by sexual intercourse. The victim’s mother testified that Ameerah confided the incident to her two days later. The defense consisted solely of appellant’s testimony, claiming he merely assisted the victim in urinating and washed her vagina afterward. The Regional Trial Court of Caloocan City convicted appellant of rape and imposed the death penalty, prompting automatic review by the Supreme Court.

ISSUE

Whether the prosecution proved the guilt of the accused-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 testimony of the four-year-old victim to be clear, straightforward, and credible, corroborated by the medical findings of hymenal laceration. The defense of denial was weak and could not overcome the positive identification and detailed account of the victim. The crime committed was statutory rape under Article 335 of the Revised Penal Code, as the victim was under twelve years old. However, the death penalty was improper because the Information failed to allege the victim’s exact age, a qualifying circumstance for imposing the death penalty under Republic Act No. 7659 . Consequently, the penalty was reduced to reclusion perpetua. The Court also increased the award of moral damages to P50,000.00 and awarded civil indemnity of P50,000.00.