GR 135855; (August, 2000) (Digest)
G.R. No. 135855 ; August 3, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAMWELL LOMIBAO, accused-appellant.
FACTS
The accused-appellant, Ramwell Lomibao, was charged with the rape of his 11-year-old stepdaughter, Marissa Cañon, in August 1996 in Davao City. The prosecution evidence established that on August 23, 1996, Marissa fell asleep in her mother’s room. She awoke to find Lomibao on top of her, having removed her shorts and panty. He threatened her with a knife, ordered her not to shout, and proceeded to have carnal knowledge of her. After the incident, he warned her not to tell anyone. Marissa eventually reported the rape to her natural father, leading to a medical examination and the filing of a complaint. The Regional Trial Court found Lomibao guilty beyond reasonable doubt and imposed the death penalty, prompting an automatic review by the Supreme Court.
ISSUE
The core issues raised on appeal were: (1) whether the testimony of the victim was credible, and (2) whether the trial court correctly imposed the death penalty.
RULING
The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. On the first issue, the Court upheld the victim’s credibility. It ruled that inconsistencies regarding minor details, such as the exact date, do not undermine the core narrative of rape, especially from a child witness. The testimony was found to be straightforward, consistent on material points, and corroborated by her prompt report to her father and the medical findings. The medical certificate, indicating a distensible hymen, was consistent with penetration without fresh injury, supporting her account. On the second issue, the Court ruled that the death penalty was improperly imposed. The Information failed to allege with specificity the qualifying circumstance that the offender is the stepfather of the victim, a necessary allegation under the law for the imposition of the death penalty at that time. Since this qualifying relationship was not properly pleaded, Lomibao could only be convicted of simple rape punishable by reclusion perpetua. The civil indemnity was set at P50,000, with an additional P50,000 in moral damages.