G.R. Nos. 132548-49; August 31, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEJO MIASCO, accused-appellant.

FACTS

This is an automatic review of the death penalty imposed by the Regional Trial Court of Davao City on Alejo Miasco for the rape of his 13-year-old daughter, Juvy Miasco, in two criminal cases. The informations alleged that the rapes were committed by means of force and intimidation during the period October to December 1996 (Criminal Case No. 38.465-97) and in February 1997 (Criminal Case No. 38.465-A-97). The accused pleaded not guilty.
The prosecution evidence established that Juvy Miasco, born on December 14, 1983, was raped by her father on multiple occasions. In the first week of October 1996, inside a makeshift hut near their vegetable garden, the accused pointed a knife at her, threatened her, and had carnal knowledge against her will. She was 12 years and 10 months old. He raped her again in the first week of November 1996, and on December 23, 1996, a week after she turned 13. The final incident occurred on February 5, 1997, when the accused, after taking her to the hut, placed her on his lap and raped her. This last incident was witnessed by the victim’s mother, Juliana Miasco, who saw her daughter without panty sitting on the lap of the accused, who was clad only in a T-shirt and brief. Juliana reported the incident to the barangay captain that same day.
A medical examination on February 5, 1997, revealed lacerations on the complainant’s hymen. SPO1 Antonio Balolong testified that the accused had attempted suicide by slashing his neck and stabbing his stomach after the incident, which was recorded in the police blotter. The complainant was placed under the care of social worker Milagros Basmayor.
The accused denied the charges, claiming the complainant was a problem child and that his wife fabricated the February 5 incident due to disagreements over his discipline. He alleged that the social welfare office promised the complainant benefits if she testified against him.
The trial court found the accused guilty in both cases and sentenced him to death by lethal injection in each, and ordered him to pay civil indemnity of P50,000.00 per case.

ISSUE

The central issue for automatic review is the correctness of the conviction and the imposition of the death penalty for the crime of rape under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , considering the relationship of the accused as the father of the victim who was under eighteen years of age.

RULING

The Supreme Court affirmed the conviction but modified the penalties and awards. The Court found the testimonies of the victim, Juvy Miasco, and her mother, Juliana, to be credible, straightforward, and consistent. The defense of denial and alibi by the accused was weak and unsupported. His attempt to commit suicide after the discovery of the crime was considered evidence of guilt.
Regarding the crimes: For the rape committed in October 1996, when the victim was 12 years old, the qualifying circumstance of the victim being under eighteen and the offender being a parent was present, warranting the death penalty under Article 335, as amended. For the rapes committed in November and December 1996, and February 1997, when the victim was already 13 years old, the same qualifying circumstance applied, also warranting the death penalty.
However, the Supreme Court noted that the trial court erred in imposing two death penalties. The proper procedure is to impose the death penalty for the most serious offense and reclusion perpetua for the others. Considering the dates, the rape in October 1996 (Criminal Case No. 38.465-97) was deemed the most serious as it was the first instance and the victim was 12. Therefore, the death penalty was affirmed for that case. For the rape in February 1997 (Criminal Case No. 38.465-A-97), the penalty was reduced to reclusion perpetua. The rapes in November and December 1996, though testified to, were not separately charged in an information; they were considered as part of the first information covering the period October to December 1996. The Court treated the first information as charging only one count of rape (the October incident), in line with the rule against duplicitous complaints.
The awards were modified. The accused was ordered to pay the victim P75,000.00 as civil indemnity and P75,000.00 as moral damages for each count of rape where the death penalty or reclusion perpetua was imposed. Exemplary damages of P25,000.00 were also awarded for each count due to the aggravating circumstance of relationship.