G.R. No. 137480 February 28, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FILOMENO SERRANO Y CALLADO, accused-appellant.

FACTS

The case stemmed from an Information charging Filomeno Serrano with the rape of his 13-year-old daughter, Gemmalyn Serrano, on February 19, 1997, in Pasig City. The prosecution established that on the night in question, the accused-appellant, after sending his wife away, ordered Gemmalyn to come to him. He then touched her thigh and vagina, forced her to undress, and boxed her when she resisted. He proceeded to insert his penis into her vagina, threatening to kill her siblings if she reported the incident and stating he would make her his wife after driving her mother away. Gemmalyn and her sisters later fled to their mother, leading to a barangay report and the arrest of the accused-appellant, who was found naked from the waist down. A medico-legal examination confirmed fresh hymenal laceration consistent with recent sexual intercourse.
The defense presented denial and alibi. Accused-appellant claimed he was out searching for his allegedly unfaithful wife with his children at the time of the alleged crime. He described their small living quarters and suggested the charge was fabricated due to a family dispute. The trial court found the testimony of the minor victim credible and consistent, leading to a conviction.

ISSUE

Whether the accused-appellant is guilty beyond reasonable doubt of the crime of rape qualified by the circumstance that the victim is his daughter under eighteen years of age, warranting the imposition of the death penalty.

RULING

Yes, the Supreme Court affirmed the conviction and the imposition of the death penalty. The Court found the testimony of the victim, Gemmalyn, to be clear, convincing, and consistent, satisfying the requisite proof beyond reasonable doubt. Her detailed account of the sexual assault, coupled with her immediate report and the corroborative medical findings, rendered the defense of denial inherently weak and unsubstantiated. The relationship of filiation between the accused-appellant and the victim, a qualifying circumstance for the imposition of the death penalty under Republic Act No. 7659 , was conclusively established by the victim’s birth certificate and the marriage contract of her parents, which the defense failed to rebut.
The Court modified the monetary awards. The civil indemnity was increased to P75,000.00, and moral damages to P50,000.00, in accordance with prevailing jurisprudence. Exemplary damages of P20,000.00 were additionally awarded due to the particularly depraved and perverse nature of the incestuous rape. The decision was affirmed with these modifications.