GR 135675; (June, 2004) (Digest)
G.R. No. 135675 ; June 23, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. FEDERICO ORTIZUELA y EUGENIO, appellant.
FACTS
The appellant, Federico Ortizuela, was charged with the statutory rape of his ten-year-old daughter, Rhea Ortizuela. The prosecution established that the sexual abuse began when Rhea was nine and culminated in a specific incident on April 5, 1996. On that night, while Rhea was sleeping with family members, appellant carried her to a vacant room, undressed her, and had forcible sexual intercourse. He then threatened to kill her mother if she revealed the act. The crime was later reported to authorities. Medico-legal examination confirmed healed hymenal lacerations consistent with sexual intercourse. The defense presented alibi and denial, claiming the appellant was working as a tricycle driver at the time. They also alleged the charge was fabricated by resentful in-laws and suggested Rhea’s injuries were from a bicycle accident.
ISSUE
Whether the guilt of the appellant for the crime of qualified rape was proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction for qualified rape and the imposition of the death penalty, with modifications to the awarded damages. The Court found the testimony of the victim, Rhea, to be credible, straightforward, and consistent. Her account of the forcible sexual intercourse and the subsequent threat was deemed sufficient to establish the elements of the crime. The medico-legal findings corroborated her testimony, proving carnal knowledge. The defense of alibi and denial was inherently weak and could not prevail over the positive identification and credible testimony of the victim. The Court emphasized that in rape cases, the victim’s testimony, if credible, is sufficient to sustain a conviction.
Furthermore, the crime was qualified by the attendant circumstance that the offender is the parent of the victim who was under eighteen years of age at the time of the rape, warranting the imposition of the death penalty under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 . The Court modified the damages, ordering the appellant to pay the victim P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P25,000.00 as exemplary damages. The records were ordered forwarded for possible executive clemency as required by law.