GR 134084; (May, 2000) (Digest)
G.R. No. 134084 May 4, 2000
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINICO LICANDA y BOLANTI, accused-appellant.
FACTS
Accused-appellant Dominico Licanda was charged with the rape of his 13-year-old daughter, Nelita Mahinay. The prosecution evidence established that on the night of August 11, 1997, in their Caloocan City residence, Licanda moved beside the sleeping Nelita. He threatened her with a bladed weapon, removed her dress, and had sexual intercourse with her while her mother slept nearby. The following morning, Nelita reported the incident to her mother, Dioleta Mahinay, who corroborated seeing her husband on top of their crying daughter. They sought assistance from the Bantay Bata Foundation, leading to a medico-legal examination which confirmed Nelita’s non-virgin state with healed hymenal lacerations.
The defense presented a bare denial. Licanda pleaded not guilty but offered no substantive testimony to counter the allegations. The Regional Trial Court found him guilty of qualified rape and imposed the death penalty, citing the qualifying circumstance of relationship where the victim is under eighteen and the offender is a parent. The case was elevated to the Supreme Court for automatic review.
ISSUE
Whether the accused-appellant is guilty beyond reasonable doubt of the crime of qualified rape.
RULING
Yes, the accused-appellant is guilty of qualified rape. The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua due to an insufficient allegation regarding the victim’s minority in the Information. The Court upheld the credibility of Nelita’s testimony, which was straightforward, consistent, and corroborated by her mother’s eyewitness account and the medico-legal findings. The defense of denial, being inherently weak, cannot prevail over the positive and categorical identification by the victim. The Court emphasized that in rape cases, the testimony of the victim, if credible, is sufficient to sustain a conviction.
However, for the death penalty to be imposed, the qualifying circumstances must be both alleged in the Information and proven during trial. While the Information alleged that the victim was a minor of 13 years old, it failed to specifically state her exact age on the date of the commission of the crime. This technical deficiency, while not absolving the accused, precludes the imposition of the capital punishment. Consequently, the penalty is reduced to reclusion perpetua. The award of civil indemnity was increased to P75,000.00, consistent with prevailing jurisprudence.