G.R. Nos. 139217-24; June 27, 2003
People of the Philippines, Appellee, vs. Nelson Esperanza, Appellant.

FACTS

The appellant, Nelson Esperanza, was charged with eight counts of rape against his 12-year-old niece, Irma P. Esperanza. The informations alleged that from June 16 to 23, 1997, in Polangui, Albay, the appellant, through force and intimidation, had carnal knowledge of the victim against her will. Irma testified that after her aunt (the appellant’s wife) left for Manila, the appellant began sleeping beside her and, starting June 16, raped her daily at around 4:00 a.m., threatening to kill her if she told anyone. She escaped on June 24. The rape was later disclosed to a teacher and barangay officials. Medical examination revealed healed hymenal lacerations.
The defense presented the appellant, who denied the accusations and claimed an alibi, stating he was in another barangay tending to his ducks during the alleged period. His mother was initially presented to allegedly testify that Irma’s father was the real rapist, but she was withdrawn from the witness stand due to health reasons and not recalled.

ISSUE

The core issue is whether the prosecution proved the appellant’s guilt for eight counts of rape beyond reasonable doubt.

RULING

The Supreme Court affirmed the appellant’s conviction but modified the penalties. The Court found Irma’s testimony credible, straightforward, and consistent. The defense of denial and alibi cannot prevail over her positive identification. The medical findings of healed lacerations corroborated her account of penetration. The delay in reporting the crime was satisfactorily explained by her fear due to the appellant’s death threats and her young age, and does not undermine her credibility.
However, the Court modified the penalties. The death penalty cannot be imposed because the qualifying circumstance of relationship (uncle-niece) was not alleged in the informations with respect to the victim’s age. For rape under Article 335 of the Revised Penal Code, the death penalty requires that both minority (below 18) and relationship be specifically alleged. Here, while the informations stated the victim was 13 and the appellant was her uncle, they did not expressly allege that the rape was committed by a relative by consanguinity within the third civil degree. Consequently, the proper penalty is reclusion perpetua for each count. The Court also increased the civil indemnity to ₱50,000 and awarded ₱50,000 as moral damages for each count of rape.