GR 133987; (January, 2000) (Digest)
G.R. No. 133987 January 28, 2000
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOHNNY BARTOLOME Y CABINONG, accused-appellant.
FACTS
Accused-appellant Johnny Bartolome was charged with three counts of rape against his 13-year-old niece, Cherry Ann Dalog. The Regional Trial Court acquitted him in two cases but convicted him in Criminal Case No. 19-1034 for the rape alleged to have occurred on September 11, 1995, and sentenced him to death. The prosecution established that Cherry Ann, having moved into her grandmother’s house, was assaulted by Johnny around midnight. He pulled her legs, removed her clothing, threatened to kill her and her brothers if she shouted, and then forcibly had carnal knowledge with her. The victim did not immediately report the incident due to fear but eventually disclosed it to an aunt in September 1996, leading to a medical examination and the filing of charges.
The information alleged the rape was committed “by means of force, intimidation and with lewd designs” and that the accused was “armed with a fan knife (balisong).” Johnny denied the accusation and interposed the defense of alibi, claiming he was working in Metro Manila during the alleged incidents and that the charge was fabricated due to a family dispute. The trial court, however, gave credence to the victim’s positive identification and testimony.
ISSUE
Whether the trial court erred in convicting Johnny Bartolome of rape and imposing the death penalty.
RULING
The Supreme Court affirmed the conviction but modified the penalty and damages. The Court upheld the trial court’s assessment of the victim’s credibility, noting her positive identification of the appellant as the perpetrator. The defense of alibi was correctly rejected, as it cannot prevail over the positive identification by a credible witness who had no proven ill motive to falsely testify. The Court found the elements of rape through force and intimidation to have been proven beyond reasonable doubt.
However, the Court reduced the penalty from death to reclusion perpetua. The death penalty could not be imposed because the qualifying circumstance of relationship (uncle-niece) was not alleged in the information, even though it was proven during trial. The Court reiterated that qualifying circumstances mandating the death penalty must be specifically alleged in the information to satisfy the constitutional right of the accused to be informed of the nature of the accusation. The information only alleged the use of a deadly weapon, which was not proven. Consequently, the crime committed was simple rape, punishable by reclusion perpetua. The civil indemnity was reduced from P100,000 to P50,000, and an additional P50,000 was awarded as moral damages.