GR 133999; (August, 2000) (Digest)
G.R. Nos. 133999-4001; August 31, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CESAR MELENDRES y BEJO, accused-appellant.
FACTS
The accused-appellant, Cesar Melendres, was convicted by the Regional Trial Court of three counts of rape against Helen Balinario, the 11-year-old daughter of his common-law wife, and was sentenced to death for each count. The incidents occurred in Barangay Jamulawon, Panay, Capiz, in November and December 1994 and January 1995. The prosecution evidence established that in November 1994, Helen was drugged by Melendres, causing her to fall asleep and wake up with physical pain and bloodstains, indicating sexual violation. In December 1994, Melendres used a handgun to intimidate and forcibly rape Helen while they were alone. A third rape occurred in January 1995 under similar circumstances of threat and force. Helen’s pregnancy, which resulted in childbirth, corroborated the sexual assaults. The defense relied on denial and alibi, claiming consensual relations, which the trial court rejected.
ISSUE
The core issue for automatic review was whether the trial court erred in convicting the accused-appellant of three counts of rape and imposing the death penalty.
RULING
The Supreme Court affirmed the conviction but modified the penalties and damages. The Court found the testimony of the victim, Helen, to be credible, consistent, and corroborated by medical evidence and the birth of a child. The defense of denial and alibi could not prevail over her positive identification. The Court upheld the finding of rape through force, intimidation, and the victim’s unconscious state due to being drugged. However, the death penalty was reduced to reclusion perpetua for each count because the informations failed to allege with specificity the qualifying circumstances of the victim’s minority and her relationship to the offender as required by law. The Court emphasized that for the death penalty to be imposed, such circumstances must be expressly stated in the information to afford the accused the right to be properly informed of the nature and cause of the accusation. The Court also increased the awards for damages, ordering the accused-appellant to pay ₱50,000 as civil indemnity, ₱50,000 as moral damages, and ₱25,000 as exemplary damages for each count of rape, recognizing the profound psychological trauma inflicted. The order for the accused to acknowledge and support the offspring was sustained.