GR 135201; (March, 2001) (Digest)
G.R. Nos. 135201-02; March 15, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FLORENCIO FRANCISCO y ALEJO, accused-appellant.
FACTS
Accused-appellant Florencio Francisco was convicted by the trial court of rape and acts of lasciviousness against his 11-year-old daughter, Ma. Coralyn. The incidents occurred on separate dates in their one-room tenement in Quezon City. On the first occasion in April 1997, Florencio fondled and licked Coralyn’s genitals but was interrupted by the arrival of her aunt. On June 27, 1997, he repeated the acts and attempted sexual intercourse, causing her pain. Coralyn eventually reported the assaults to her mother, leading to a medico-legal examination which found her hymen intact but noted a small orifice. Florencio denied the charges, presenting an alibi and blaming his brother-in-law.
ISSUE
The primary issue is whether the Supreme Court, in its automatic review of the death penalty for rape, also acquires jurisdiction to review the conviction for acts of lasciviousness, which arose from a separate incident.
RULING
The Supreme Court modified the trial court’s decision. On the jurisdictional issue, the Court ruled that the automatic review of the death penalty under Article 47 of the Revised Penal Code and Rule 122 of the Rules of Court does not extend to the conviction for acts of lasciviousness because the two crimes did not arise from the same occurrence. Citing Section 17 of the Judiciary Act (RA 296), the Court held that automatic review of a death sentence includes only lesser offenses committed on the same occasion. Here, the acts of lasciviousness (April 1997) and the rape (June 1997) were distinct incidents separated by time. Therefore, the appeal for acts of lasciviousness was considered withdrawn, and that conviction stands final.
On the merits of the rape conviction, the Court affirmed the finding of guilt but reduced the penalty from death to reclusion perpetua. The Court found Coralyn’s testimony credible, straightforward, and consistent. The medical finding of an intact hymen does not negate rape, as complete penetration is not required; mere touching of the labia is sufficient under the law. However, the death penalty was improper because the information failed to allege Coralyn’s exact age, a requisite for imposing the death penalty under RA 7659. It only described her as a “minor,” which is a generic term. Consequently, the penalty was reduced to reclusion perpetua. The Court also increased the civil indemnity to P50,000.00 and awarded moral damages.