GR 134766; (January, 2004) (Digest)
G.R. No. 134766 ; January 16, 2004
PEOPLE OF THE PHILIPPINES, Appellee, vs. ELPEDIO TORRES y CAÑETE, Appellant.
FACTS
The appellant, Elpedio Torres, was the driver of an L-300 van transporting passengers, including Lerma Briones, from Iloilo City to Kalibo, Aklan. After the other passengers had alighted, leaving only Lerma, the appellant stopped the van in a secluded area, falsely claiming engine trouble. He then brandished a knife, threatened Lerma, and proceeded to have forcible sexual intercourse with her. After the act, he drove her to her residence. Lerma immediately reported the rape to her mother and the police. The appellant was arrested the following day. The Regional Trial Court convicted him of rape qualified by the use of a deadly weapon and imposed the death penalty.
The appellant denied the accusation, claiming the van experienced genuine mechanical problems and that he merely dropped Lerma off at her house without incident. He asserted that Lerma’s allegations were fabricated. The trial court, however, found Lerma’s testimony to be credible, straightforward, and consistent, leading to the appellant’s conviction.
ISSUE
Whether the appellant is guilty of the crime of rape and, if so, whether the imposition of the death penalty was proper.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the finding of guilt, ruling that Lerma’s positive and categorical testimony, corroborated by her immediate outcry and the medico-legal findings, sufficiently established the crime of rape through force and intimidation with the use of a knife. The appellant’s denial could not prevail over her credible account.
However, the Court reduced the penalty from death to reclusion perpetua. The Information failed to specifically allege the aggravating circumstance of nighttime, which is required for its proper consideration under the Revised Rules of Criminal Procedure. Consequently, only the special aggravating circumstance of the use of a deadly weapon was properly considered. Under Article 335 of the Revised Penal Code, as amended, when rape is committed with the use of a deadly weapon, the penalty is reclusion perpetua to death. With no other aggravating circumstance present, the lesser penalty of reclusion perpetua was correctly imposed. The Court also awarded civil indemnity, moral damages, and exemplary damages to the victim.