G.R. No. 133649; August 4, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CRISPIN CANONIGO Y SANTARIN, accused-appellant.

FACTS

The accused-appellant, Crispin Canonigo, was charged with the rape of Carla Jean Malanay, a 12-year-old minor, on May 9, 1996, in Taguig, Metro Manila. The prosecution’s evidence established that Canonigo entered the victim’s home, closed the door, and forcibly kissed her. He then licked her vagina and, despite her kicking him, proceeded to have sexual intercourse with her. The act was witnessed by the victim’s five-year-old sister. The victim immediately reported the incident to her mother, leading to Canonigo’s arrest. A medico-legal examination confirmed findings compatible with recent loss of virginity, including a fresh laceration on the hymen.
At trial, the accused-appellant admitted kissing the victim and exposing himself but claimed he desisted due to his conscience. The defense also presented his stepmother, Dolores Canonigo, who testified about his age, suggesting he was a minor at the time of the crime. The Regional Trial Court convicted Canonigo of rape and imposed the death penalty, prompting this automatic review.

ISSUE

The primary issue is whether the accused-appellant can be validly sentenced to death given the allegations in the Information and the proof of his age.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the victim’s testimony, corroborated by her young sister’s account and the medico-legal findings, to be credible and sufficient to establish guilt beyond reasonable doubt. The defense of desistance was rejected as a mere afterthought, inconsistent with the physical evidence and the credible narrative of the child victim.
Regarding the penalty, the Court ruled that the imposition of the death penalty was erroneous. The Information failed to allege with specificity the qualifying circumstances that would warrant capital punishment, namely, that the victim was under eighteen (18) years of age and that the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. While the victim’s minority was proven, the Information did not properly allege the precise qualifying relationship or circumstance under the law. Furthermore, the defense evidence, particularly the testimony of the stepmother, created reasonable doubt as to whether the accused-appellant had reached the age of eighteen at the time of the commission of the crime. The failure of the defense to present his birth certificate, which was within its control, gave rise to the presumption that its contents would be adverse to him. Consequently, the penalty is reduced to reclusion perpetua. The civil indemnity of P50,000.00 is sustained, and moral damages of P50,000.00 are additionally awarded.