GR 134130; (April, 2000) (Digest)
G.R. Nos. 134130-33; April 12, 2000
People of the Philippines vs. Felixberto Fraga y Baylon
FACTS
Accused-appellant Felixberto Fraga, the stepfather of Lenny and Jenny Macaro, was charged with four counts of rape. The informations alleged that on separate occasions in 1995 and 1996, he sexually assaulted his stepdaughters in their home in Paracale, Camarines Norte. Lenny was raped on September 24, 1995, and again on September 9, 1996. Jenny, who was below twelve years old, was raped on September 27 and 29, 1996. The prosecution evidence detailed that the accused used force, intimidation, and threats of death to consummate the acts. The victims did not immediately report the rapes due to fear. The Regional Trial Court convicted Fraga on all counts and imposed the death penalty for each crime.
ISSUE
The core issue for automatic review is whether the guilt of the accused-appellant for the crimes of rape was proven beyond reasonable doubt.
RULING
The Supreme Court affirmed the convictions but modified the penalties. The Court found the testimonies of the victims, Lenny and Jenny, to be credible, consistent, and worthy of belief. Their detailed accounts of the assaults, including the use of a knife and a gag, were delivered in a straightforward manner and remained unshaken during cross-examination. The Court emphasized that in rape cases, the credibility of the complainant is paramount, and the testimonies of young and immature victims are given full weight. The defense of denial and alibi presented by the accused-appellant was weak and could not prevail over the positive identification by the victims.
Regarding the penalty, the Court held that the death penalty was improperly imposed. For the rapes of Lenny, the qualifying circumstance of relationship (stepfather-stepdaughter) was not alleged in the informations, a fatal omission that precludes the imposition of the death penalty under Republic Act No. 7659. For the rapes of Jenny, while her age (below 12) was duly alleged, the death penalty could not be imposed because the trial court failed to conduct a proper hearing to ascertain her precise age, as required by prevailing jurisprudence. Consequently, the penalty for all four counts was reduced to reclusion perpetua. The Court affirmed the award of civil indemnity and increased the award of moral damages to P50,000.00 for each count of rape.