G.R. Nos. 135356-58 September 4, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MELENCIO SAGARINO, JR. y FAMI alias “Kalamansi”, accused-appellant.

FACTS

The accused-appellant, Melencio Sagarino, Jr., was charged with two counts of incestuous rape and one count of acts of lasciviousness against his 57-year-old mother, Aurora Sagarino. The prosecution evidence established that on October 11, 1997, and October 18, 1997, appellant, armed with a knife, sexually assaulted his mother while she was asleep on a sofa in their home. On February 14, 1998, he again poked a knife at her, fondled her breasts, and attempted to rape her but desisted after she pleaded with him. Aurora initially hesitated to report the crimes due to shame but eventually disclosed them to her aunt, Rosita Yacap, leading to police involvement and the filing of criminal informations.
The defense consisted solely of appellant’s testimony denying the accusations and interposing an alibi for the first incident, claiming he was drinking with a friend. He suggested his mother fabricated the charges due to his lack of stable employment. The Regional Trial Court of Makati convicted appellant, imposing the death penalty for the two rape counts and a prison term for acts of lasciviousness, prompting an automatic review by the Supreme Court.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused-appellant for the crimes of incestuous rape and acts of lasciviousness beyond reasonable doubt.

RULING

The Supreme Court affirmed the convictions but modified the penalties. The Court found the testimony of the private complainant, Aurora Sagarino, to be credible, straightforward, and consistent. Her detailed account of the sexual assaults, coupled with the natural hesitation of a mother to accuse her son, lent credibility to her narrative. The defense of alibi was properly rejected by the trial court as weak and unsubstantiated, especially since it failed to prove the physical impossibility for appellant to have been at the crime scene. The Court emphasized that in rape cases, the complainant’s testimony, if credible, is sufficient to sustain a conviction.
Regarding the penalties, the Court held that the death penalty was improperly imposed. While the crimes of rape were committed under circumstances of force, intimidation, and the use of a deadly weapon, and were qualified as incestuous, the applicable law for the October 1997 rapes was the Revised Penal Code prior to the enactment of Republic Act No. 8353 (The Anti-Rape Law of 1997), which took effect on October 22, 1997. The second rape occurred after this date. However, the informations failed to allege the qualifying circumstance of relationship with the requisite specificity to justify the death penalty under the new law. Consequently, the penalty for both rape counts was reduced to reclusion perpetua. The Court also affirmed the conviction for acts of lasciviousness and the award of moral damages, increasing the indemnity for each rape to P50,000.00.