GR 137481; (March, 2001) (Digest)
G.R. Nos. 137481-83 & G.R. No. 138455; March 7, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CONRADO SALADINO Y DINGLE, accused-appellant.
FACTS
The accused-appellant, Conrado Saladino, was convicted by the trial court of three counts of rape and one count of attempted rape against his thirteen-year-old niece, Lourdes Relevo, and was sentenced to death. Lourdes lived with Saladino and his wife in Pasig City. The first rape occurred in September 1995 when Saladino, after seeing off his wife to work, threatened Lourdes with a knife and forcibly had intercourse with her. Lourdes reported the incident to Saladino’s wife, Rosita, who dismissed her claims. After a confrontation with a housemate, the Saladinos moved to a new residence, and Lourdes initially stayed behind.
Lourdes later rejoined them upon Rosita’s assurances. However, Saladino raped her again on December 17, 1996, and January 2, 1997, each time using a knife to threaten her. An attempted rape occurred on January 3, 1997, from which Lourdes managed to escape. She then finally reported all incidents to her mother, leading to a medical examination which confirmed sexual intercourse and the filing of criminal cases.
ISSUE
The core issue for automatic review is whether the trial court correctly convicted accused-appellant Conrado Saladino of three counts of rape and one count of attempted rape.
RULING
The Supreme Court affirmed the convictions but modified the penalties and damages. The Court found the testimony of Lourdes credible, consistent, and corroborated by medical findings of deep, healed lacerations. The defense of alleged drunkenness and lack of resistance was rejected. The Court held that force and intimidation were sufficiently proven by the use of a knife and threats to kill, which instilled fear in the young victim, compelling her submission. The relationship of ascendancy and moral authority of the accused as an uncle and guardian further vitiated any supposed consent.
However, the death penalty was reduced to reclusion perpetua for each count of simple rape. The Informations did not allege the qualifying circumstances of minority and relationship, which are necessary for imposing the death penalty under Republic Act No. 7659 . These circumstances must be both alleged in the information and proven during trial. Since they were not alleged, the crimes remained simple rape, punishable by reclusion perpetua. For the attempted rape, the indeterminate penalty was imposed. Civil indemnity was set at P50,000, moral damages at P50,000, and exemplary damages at P30,000 for each count of consummated rape. For the attempted rape, moral damages of P15,000 were awarded.