GR 135330; (August, 2000) (Digest)
G.R. No. 135330 ; August 31, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CAMILO VILLANUEVA, accused-appellant.
FACTS
The accused-appellant, Camilo Villanueva, was convicted of rape and sentenced to death by the Regional Trial Court of Cebu City. The victim was his 11-year-old stepdaughter, Nia Gabuya. The prosecution established that on December 4, 1997, at midnight, Camilo, armed with a knife, threatened and sexually assaulted Nia in their home while her mother was out. Nia testified to the act of sexual intercourse and oral contact. Medical examination revealed spermatozoa in her vaginal smear. The defense was denial and alibi. Camilo claimed he was asleep at the time and could not have produced sperm due to a past vasectomy, though he presented no corroborating medical records.
ISSUE
The core issue for automatic review was whether the guilt of the accused for the crime of rape was proven beyond reasonable doubt, warranting the imposition of the death penalty.
RULING
The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. The Court found Nia’s testimony credible, straightforward, and consistent. The medical finding of spermatozoa corroborated her account of sexual contact. The defense of alibi was weak and could not prevail over the positive identification by the victim. The claim of vasectomy was unsubstantiated by evidence and did not negate the presence of sperm; the doctor’s testimony indicated Camilo could still produce fluid containing sperm cells. However, the death penalty was improper. The information alleged the victim was a “minor of only 11 years of age and step-daughter of the accused.” For the death penalty under Article 266-B, the qualifying circumstance of relationship (stepfather-stepdaughter) must be specifically alleged and proven. Here, while proven at trial, the relationship was not specifically alleged as a qualifying circumstance in the information. It was merely stated descriptively. Consequently, the crime was simple rape, punishable by reclusion perpetua. The Court awarded civil indemnity, moral damages, and exemplary damages.