GR 135844; (November, 2003) (Digest)
G.R. Nos. 135844-45 November 24, 2003
THE PEOPLE OF THE PHILIPPINES, appellee, vs. DOMINADOR ILUIS y JANDOC, appellant.
FACTS
The appellant, Dominador Iluis, was charged with three counts of rape against his two daughters, Noemi and Donna. The incidents occurred in their home in Villasis, Pangasinan, after their mother, Saturnina, had separated from the appellant and lived elsewhere. In October 1995, the appellant raped his nine-year-old daughter Donna while she slept beside him and her sister. That same month, he also raped Noemi, threatening her with a bolo. A second rape of Donna occurred in August 1996. The daughters kept the abuse secret out of fear, only revealing it to their mother in September 1996 after exhibiting distressed behavior. Medical examinations confirmed healed lacerations on both victims. The Regional Trial Court convicted the appellant of three counts of rape and imposed the death penalty for each, prompting an automatic appeal.
ISSUE
The core issue is whether the prosecution proved the appellant’s guilt for three counts of rape beyond reasonable doubt.
RULING
The Supreme Court affirmed the appellant’s conviction but modified the penalties. The Court found the testimonies of the victims, Noemi and Donna, to be credible, consistent, and corroborated by medical evidence. The defense of denial and alibi presented by the appellant was weak and unsubstantiated. The Court ruled that the element of force, violence, or intimidation was established through the appellant’s use of a bolo against Noemi and his parental authority and physical dominance over both young daughters, which instilled fear and compelled submission. However, the Court found that the qualifying circumstances for the imposition of the death penalty under Republic Act No. 7659 were not properly alleged in the Informations. Specifically, the relationship of father and daughter, while proven during trial, was not expressly stated in the rape charge concerning Donna. Consequently, the Court held that the crimes should be treated as simple rape. The death penalties were thus reduced to reclusion perpetua for each of the three counts. The Court also awarded civil indemnity, moral damages, and exemplary damages to each victim.