G.R. No. 134368 February 8, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PACIFICO RONDILLA, accused-appellant.

FACTS

The accused, Pacifico Rondilla, was charged with the rape of his daughter, Roda G. Rondilla. The Information alleged that sometime in February 1994 in Luisiana, Laguna, the accused, by means of force and intimidation, had carnal knowledge of the victim against her will. Roda testified that the initial assault occurred in February 1994 inside their home while her mother was working abroad. She was 15 years old. Her father, smelling of liquor, entered her room, threatened to kill her, and succeeded in having sexual intercourse with her. This act was repeated frequently thereafter, ultimately resulting in Roda giving birth to a child in August 1995. She revealed the ordeal to her mother upon the latter’s return in September 1997. During trial, the defense presented virtually no evidence. The accused took the stand but was largely unresponsive, merely denying the charge and claiming ignorance of the proceedings, offering no substantive defense against his daughter’s detailed testimony.

ISSUE

The primary issue is whether the accused is guilty of rape. A secondary, pivotal issue concerns the proper penalty, specifically whether the death penalty was correctly imposed by the trial court based on the allegations in the Information.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimony of the victim to be credible, straightforward, and consistent. Her account of the rape, the subsequent repeated assaults, and the resulting birth of a child remained unshaken. In contrast, the defense failed to present any credible evidence, with the accused’s testimony amounting to a mere denial. The trial court’s assessment of credibility is accorded great respect. However, the Court reduced the penalty from death to reclusion perpetua. The legal logic is grounded in the constitutional right to be informed of the nature and cause of the accusation. The Information failed to allege the victim’s minority, a qualifying circumstance that would warrant the death penalty under the law at the time. While the Information stated the father-daughter relationship, it did not specify that the victim was under eighteen (18) years of age. An accused cannot be convicted of a qualified offense punishable by death based on circumstances not alleged in the indictment, as this constitutes a denial of due process. Therefore, the crime committed was simple rape, punishable by reclusion perpetua. The civil indemnity and moral damages were affirmed, but exemplary damages were reduced to Twenty Thousand Pesos (P20,000.00).