GR 137714; (September, 2000) (Digest)
G.R. No. 137714; September 8, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO BANIGUID y PASSION, accused-appellant.
FACTS
The accused-appellant, Roberto Baniguid, was charged with the rape of his minor daughter, Josibelle Baniguid. The prosecution established that the first incident occurred in March 1993 in Cainta, Rizal, when the appellant had carnal knowledge of the complainant while she and her brothers were asleep. She resisted and pleaded but was overpowered. Subsequent rapes occurred in San Nicolas, Pangasinan in January 1994, and finally in Pasay City on January 4, 1995. In the Pasay incident, the rape was committed in a one-room shanty with another person sleeping nearby. The complainant eventually reported the abuses to a barangay official, leading to the filing of a criminal complaint. The trial court convicted the appellant and imposed the death penalty.
ISSUE
The primary issue is whether the trial court correctly convicted the accused-appellant of rape and imposed the proper penalty, specifically whether the death penalty was warranted based on the allegations and evidence presented.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court held that the prosecution successfully proved the crime of rape through the credible and consistent testimony of the complainant, which withstood rigorous cross-examination. Her initial silence and delay in reporting were sufficiently explained by her fear of her father and her young age. However, the Court reduced the penalty from death to reclusion perpetua. The information alleged that the complainant was a “minor daughter” but failed to specifically allege her exact age (below eighteen) and her relationship to the offender as a qualifying circumstance for the imposition of the death penalty under the law. Such qualifying circumstances must be expressly and specifically alleged in the information to warrant the capital penalty. Consequently, the crime is considered simple rape, punishable by reclusion perpetua. The civil indemnity was correspondingly reduced to ₱50,000.00, and moral damages of ₱50,000.00 were additionally awarded.