G.R. No. 139447 ; July 23, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANCISCO APAREJADO, accused-appellant.

FACTS

The accused, Francisco Aparejado, was charged with the rape of his nine-year-old daughter, Gina Aparejado. The case originated from a social investigation by the DSWD after another daughter, Violeta, revealed she had been molested by her father and expressed fear for her younger sisters. SPO1 Amable Equiza, with DSWD worker Marlyn Espinosa and Violeta, located the family. Gina privately confirmed repeated sexual abuse, detailing a specific incident where the accused, after removing her panty, laid on top of her, inserted his penis causing pain, and threatened her. Gina was medically examined, revealing healed hymenal lacerations and the presence of dead spermatozoa, confirming penile penetration and ejaculation. A criminal complaint was subsequently filed.
At trial, the prosecution presented Gina’s testimony, the medical findings, and the testimonies of Espinosa and SPO1 Equiza. The defense presented the accused and his son, who denied the allegations, claiming the case was fabricated due to a family grudge. The trial court found the accused guilty of qualified rape and sentenced him to death, also awarding civil indemnity. The case was automatically elevated to the Supreme Court for review.

ISSUE

The core issue is whether the guilt of the accused for the crime of rape was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the penalty and damages. The Court found Gina’s testimony credible, straightforward, and consistent. Her young age and the details of her account, including the pain and the threat, carried the hallmarks of truth. The medical evidence corroborated her testimony, proving sexual intercourse. The defense of denial and alleged ill-motive was weak and unsupported by evidence, especially against the strong positive identification by the victim.
However, the Court ruled that the crime committed was simple rape, not qualified rape punishable by death. While the Information alleged that Gina was nine years old and the accused was her father, these qualifying circumstances were not specifically alleged in the Information with the requisite precision to warrant the death penalty under the law at the time. The amendment to the Information, which specified the victim’s age, was considered a matter of form admitted without objection, but the failure to allege the relationship with sufficient specificity meant the crime was not technically qualified. Consequently, the penalty was reduced to reclusion perpetua. The civil indemnity was set at P50,000.00, with an additional P50,000.00 as moral damages, and P25,000.00 as exemplary damages due to the relationship, totaling P125,000.00.