GR 139180; (July, 2001) (Digest)
G.R. No. 139180 ; July 31, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLANDO RIVERA, accused-appellant.
FACTS
Accused-appellant Rolando Rivera was charged with the rape of his 13-year-old daughter, Erlanie Rivera, sometime in March 1997 in Lubao, Pampanga. During arraignment, he pleaded not guilty. The prosecution presented Erlanie, who testified that one night in March 1997, while her mother was at the hospital with her sister Zaira, accused-appellant kissed her, fondled her breasts, removed her clothing, and had sexual intercourse with her despite her resistance. He threatened to kill her mother and sister if she told anyone. Erlanie revealed the rape to her aunt and grandmother in April 1997. Dr. Demetria Barin’s medical examination revealed a healed hymenal laceration and a positive pregnancy test; Erlanie later suffered vaginal bleeding indicative of a threatened abortion. The defense presented accused-appellant, who denied the rape, claiming the charge was fabricated due to marital discord, his wife’s paramour, and a dispute over land. His sister, Concepcion Sayo, testified he was in Bulacan for most of March 1997. Hospital records showed Zaira was confined from March 1 to 2, 1997. The trial court found accused-appellant guilty beyond reasonable doubt and sentenced him to death, ordering him to pay compensatory and moral damages.
ISSUE
Whether the trial court erred in finding accused-appellant guilty beyond reasonable doubt of the crime of rape.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found Erlanie’s testimony credible, straightforward, and consistent. Her failure to shout during the rape was reasonable given the threat and the presence of her sleeping siblings. The medical findings corroborated her account. The defense of alibi was weak and could not prevail over the positive identification by the victim. The claim of ill motive by the family was insufficient to overturn the conviction. However, the penalty was reduced to reclusion perpetua because the information failed to allege Erlanie’s exact age and her relationship to the accused as a qualifying circumstance for the death penalty, though it was proven during trial. The award of damages was also modified in accordance with prevailing jurisprudence.