G.R. No. 135241 ; January 22, 2003
People of the Philippines, plaintiff-appellee, vs. Placido Luna Delos Reyes, accused-appellant.

FACTS

The spouses Erwin and Isabel Alberto lived near the house of Erwin’s mother, Arcelia, and her second husband, Placido Luna (accused-appellant). Their daughter, Shermalou Alberto, was born on March 8, 1987. When Shermalou was six years old and in Grade I, accused-appellant began sexually abusing her, threatening to kill her if she told anyone. On December 14, 1995, at about 7:00 a.m., Shermalou (then 8 years old) accompanied her brother Erwin Jr. to use the toilet in accused-appellant’s house. While Erwin Jr. was in the toilet, accused-appellant lured Shermalou inside, pushed her onto a bed, removed her panty, applied cooking oil to his penis, and inserted it into her vagina, making thrusting motions. He threatened to kill her and her parents if she told anyone. That evening, Erwin Jr. told his mother what he had seen. When confronted, Shermalou revealed the rape and stated that accused-appellant had been raping her since she was six. Medical examination confirmed Shermalou was in a non-virgin state, with healing lacerations on her hymen. Accused-appellant was arrested. The defense presented an alibi, claiming accused-appellant was at a school and the Public Attorney’s Office with his wife and sister at the time of the incident. The Regional Trial Court convicted accused-appellant of rape and imposed the death penalty.

ISSUE

Whether the accused-appellant, Placido Luna Delos Reyes, is guilty beyond reasonable doubt of the crime of rape.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimony of the victim, Shermalou, to be credible, straightforward, and consistent. Her young age and the details provided lent credibility to her account. The medical findings corroborated her testimony. The defense of alibi was rejected as it was not physically impossible for accused-appellant to have been at the crime scene, and it was weak against the positive identification by the victim. The qualifying circumstance of the victim being under eighteen (8 years old) and the offender being a step-grandparent (the common-law spouse of the victim’s grandmother) was present, which under the law at the time warranted the death penalty. However, due to the prohibition of the death penalty under the 1987 Constitution at the time the crime was committed (December 14, 1995), the penalty was reduced to reclusion perpetua. The Court affirmed the award of P50,000.00 as civil indemnity and additionally awarded P50,000.00 as moral damages.