G.R. No. 135964-71 February 21, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JUAN MANALO y CASTOR, accused-appellant.

FACTS

Accused-appellant Juan Manalo y Castor was charged with eight counts of rape before the Regional Trial Court of Batangas City. Four counts were allegedly committed against his six-year-old niece, Liezel Delica, and four counts against his seven-year-old cousin, Ivy Adame. The prosecution evidence established that the rapes occurred on the same occasions inside a room in their shared household in San Pascual, Batangas, during the months of May, June, and December 1996. The child victims, who were cousins, provided consistent and credible testimonies detailing how Manalo, whom they called “Tito Juancho,” undressed them, placed himself on top of them, and inserted his penis into their vaginas, causing them pain. He threatened to spank them if they told anyone. Medical examinations confirmed hymenal lacerations consistent with sexual abuse.
The trial court convicted Manalo of four counts of rape for each victim, sentencing him to death for each count. The court found the testimonies of the young victims credible and consistent. The cases were automatically elevated to the Supreme Court for review due to the imposition of the death penalty.

ISSUE

The primary issue is whether the trial court correctly convicted accused-appellant Juan Manalo of eight counts of rape and properly imposed the penalty of death.

RULING

The Supreme Court affirmed the conviction but modified the number of counts and the civil liability. The Court held that the testimonies of the child victims were credible, spontaneous, and consistent, passing the test of credibility. The defense of denial and alibi presented by Manalo was weak and could not prevail over the positive identification by the victims. However, the Court applied the principle that when the rapes are committed on the same occasion, they constitute a single criminal act. Thus, for each victim, the two rapes alleged in December 1996 were considered one complex crime. Consequently, Manalo was convicted of only two counts of rape for each victim (for the May and June 1996 incidents, and the December 1996 incidents treated as one), for a total of four counts.
Regarding the penalty, the Court ruled that the qualifying circumstance of the victims being below seven years old under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659, was duly proven. This circumstance mandates the imposition of the death penalty. The Court affirmed the constitutionality of R.A. No. 7659’s death penalty provisions. Thus, for each of the four counts of qualified rape, the death penalty was imposed. The civil indemnity was increased to P75,000.00 per count, with an additional P50,000.00 as moral damages for each victim per count. The records were ordered forwarded to the Office of the President for possible exercise of executive clemency.