G.R. Nos. 138726-27; July 3, 2002
PEOPLE OF THE PHILIPPINES, appellee, vs. ROGELIO BARROZO Y CASTRO, appellant.

FACTS

Appellant Rogelio Barrozo was charged with two counts of rape against his daughter, Rowena Barrozo. The first alleged rape occurred in January 1996, with the information stating Rowena was “a minor below 12 years of age.” The second alleged rape occurred on August 16, 1998, with the information stating she was “a minor of 14 years of age.” The Regional Trial Court of Urdaneta City acquitted Barrozo in the first case (Criminal Case No. U-9810) due to insufficient evidence but convicted him in the second case (Criminal Case No. U-9811). The trial court classified the crime as aggravated rape, qualified by the victim’s minority and her relationship to the offender as his daughter, and imposed the death penalty. The prosecution presented Rowena’s testimony detailing the rape and a medical certificate. The defense consisted of denial, alleging the complaint was fabricated due to a grudge.

ISSUE

The core issue for automatic review is whether the prosecution proved the qualifying circumstance of the victim’s minority beyond reasonable doubt to justify the imposition of the death penalty for the rape committed on August 16, 1998.

RULING

The Supreme Court affirmed the conviction for rape but modified the penalty from death to reclusion perpetua. The Court upheld the trial court’s assessment of Rowena’s credible and categorical testimony, which was consistent and supported by medical findings of healed lacerations. However, the Court ruled that the prosecution failed to prove the victim’s age at the time of the crime with the required degree of certainty for a capital offense. While Rowena testified to being born on May 6, 1984, making her fourteen at the time of the August 1998 incident, the sole documentary evidence presented to corroborate this was the medical certificate. The Court held that a medical certificate, while admissible, is not the best evidence to prove age. The prosecution did not present a birth certificate, baptismal certificate, or any other authentic public document. Consequently, the qualifying circumstance of minority under Article 266-B of the Revised Penal Code, as amended, which would warrant the death penalty, was not established beyond reasonable doubt. The crime is therefore simple rape, punishable by reclusion perpetua. The Court also affirmed the award of civil indemnity and moral damages, and added exemplary damages due to the relationship of father and daughter, which is a generic aggravating circumstance.