G.R. No. 141105 -11, March 8, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELICITO SILVANO Y OBSENARES, accused-appellant.

FACTS

Accused-appellant Felicito Silvano was charged with seven counts of rape against his stepdaughter, Ma. Theresa Silvano. The informations alleged the crimes were committed between June 1995 and June 1998 in Laguna. The victim testified in detail to each incident, describing how the accused-appellant, through force and intimidation, had carnal knowledge of her inside their home, often in the presence of her younger siblings who were too afraid to intervene. After the seventh incident, the victim reported the abuse to her teacher and school guidance counselors. A medical examination revealed a scarred lesion on her vaginal wall consistent with previous sexual contact. The accused-appellant denied the accusations, claiming an alibi and alleging the charges were fabricated because the victim was angry at him for disciplining her.
The Regional Trial Court convicted accused-appellant on all counts and imposed the death penalty, appreciating the qualifying circumstances of minority of the victim and her relationship to the accused-appellant as stepfather. The case was automatically elevated to the Supreme Court for review.

ISSUE

Whether the trial court correctly imposed the death penalty based on the qualifying circumstances of minority and relationship.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the finding of guilt beyond reasonable doubt, ruling that the victim’s candid, consistent, and straightforward testimony, corroborated by medical findings, was sufficient to sustain the conviction. The defense of denial and alibi could not prevail over the positive identification and credible narration of the victim.
However, the Court reduced the penalty from death to reclusion perpetua for each count. The imposition of the death penalty requires proof of qualifying circumstances with the same degree of certainty as the crime itself. Here, the prosecution failed to present independent evidence, such as a birth or baptismal certificate, to conclusively prove the victim was under eighteen years old at the time of the rapes. Mere allegation in the information and lack of denial by the accused are insufficient. Furthermore, the prosecution did not present a marriage certificate to conclusively establish the stepfather-stepdaughter relationship between the accused-appellant and the victim. Consequently, both qualifying circumstances could not be appreciated. The Court sentenced accused-appellant to reclusion perpetua for each count and increased the award of moral damages to P50,000.00 for each count, in line with prevailing jurisprudence.