G.R. No. 135401 March 6, 2002
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. WILFREDO VILLARUEL Y RIVADENERA, accused-appellant.

FACTS

The accused-appellant, Wilfredo Villaruel, was charged with the rape of his 14-year-old sister, Myra Villaruel. The Information was amended to correct the date of the offense from February 21, 1997, to February 21, 1996. The prosecution evidence established that in the early morning of February 21, 1996, the appellant woke his sister, led her to a grassy area near their house, poked two fan knives at her, threatened to kill her if she shouted, and then forcibly had carnal knowledge with her. A subsequent incident on July 19, 1997, involved a similar attempt at intimidation with knives, which was aborted when nearby dogs began barking. The victim eventually reported the rape to her sister-in-law, leading to a barangay and police report and a medico-legal examination.
The accused-appellant denied the charges, presenting an alibi for February 1997 by claiming he was in jail for illegal possession of a deadly weapon. He argued that the victim’s initial mistake regarding the year of the rape and the medico-legal findings, which indicated no fresh lacerations, rendered her testimony incredible. The Regional Trial Court of San Pedro, Laguna, found him guilty of rape qualified by the relationship of brother and sister and imposed the death penalty.

ISSUE

Whether the trial court erred in convicting the accused-appellant of rape despite the alleged inconsistencies in the complainant’s testimony and the medico-legal findings.

RULING

The Supreme Court affirmed the conviction but modified the damages awarded. The Court held that the initial error in the date of the rape in the Information was not fatal. Time is not a material ingredient of the crime of rape, and the amendment was properly allowed to conform to the evidence presented, which pertained to 1996. The victim’s credible and categorical testimony, detailing the use of force and intimidation with knives, sufficiently established the elements of rape. The Court found her testimony consistent on the essential facts of the sexual assault and the appellant’s identity as the perpetrator.
The medico-legal report, indicating healed lacerations, was not exculpatory. The examination was conducted over a year after the alleged rape, making the finding of old lacerations consistent with the victim’s account. The defense of alibi for 1997 was irrelevant, as the crime was proven to have occurred in 1996. The qualifying circumstance of the offender being the brother of the victim was duly alleged and proven, warranting the imposition of the death penalty under the law. However, following prevailing jurisprudence, the Court reduced the civil indemnity to P75,000.00 and moral damages to P50,000.00. The decision was affirmed with this modification.