G.R. No. 135200 February 7, 2001
People of the Philippines, plaintiff-appellee, vs. Florencio Francisco y Alejo, accused-appellant.

FACTS

A Complaint was filed against Florencio Francisco for the qualified rape of his daughter, Editha Francisco, a minor. The prosecution evidence, primarily from Editha’s testimony, established that on October 3, 1995, her father woke her, covered her mouth, and forcibly dragged her to a toilet adjacent to their house. There, he undressed her, feasted on her breast, and had carnal knowledge with her while propping her on the toilet bowl. He threatened her not to tell anyone. Editha revealed she had been sexually abused since age nine but only reported it after learning her father was also molesting her younger sisters. A medical examination confirmed deep, healed hymenal lacerations.
The accused denied the charges, alleging fabrication by his wife and claiming it was his brother-in-law who abused Editha. The trial court convicted him of qualified rape and imposed the death penalty. On appeal, he argued that rape was not proven due to the victim’s failure to shout for help, and alternatively, that he should only be liable for simple rape because the Complaint failed to allege their father-daughter relationship as a qualifying circumstance.

ISSUE

The core issues are: (1) whether the failure of the victim to shout negates the commission of rape, and (2) whether the accused can be convicted of qualified rape absent an allegation of his relationship to the victim in the Complaint.

RULING

The Supreme Court affirmed the conviction but modified the crime and penalty. On the first issue, the victim’s silence did not disprove rape. The records show her mouth was covered during the assault. Moreover, the accused, as her father, exercised moral ascendancy and instilled fear, which constituted sufficient intimidation, rendering an outcry unnecessary. The Court also held that rape can be committed even in places where others are nearby, as lust respects no time or place, and family members could have been in deep slumber.
On the second issue, the Court agreed with the appellant. For a conviction of qualified rape carrying the death penalty, the special qualifying circumstance of relationship must be specifically alleged in the Complaint or Information. The failure to do so, despite being proven during trial, is a fatal omission. Consequently, the accused can only be held liable for simple rape, punishable by reclusion perpetua. The civil indemnity was set at P50,000.00, moral damages increased to P100,000.00 due to the prolonged abuse, and exemplary damages reduced to P25,000.00. The trial court’s decision was modified accordingly.