GR 141123; (July, 2002) (Digest)
G.R. No. 141123; July 23, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NICOMEDES CANON, accused-appellant.
FACTS
The prosecution established that on January 22, 1996, in Roxas, Palawan, accused-appellant Nicomedes Canon raped his nine-year-old daughter, Genelyn. Genelyn testified that while walking home from school, her father gave her money, then forced her to lie down, removed her underwear, and proceeded to have carnal knowledge with her. Her mother, Asuncion Canon, witnessed the incident from about 20 meters away, seeing her husband on top of their daughter making pumping motions. Asuncion cried out, upon which Nicomedes stood, armed himself with a bolo, and chased her. Dr. Leo Salvino, who examined Genelyn two days later, found erythematous irritations on her labia majora consistent with rubbing, possibly by an erect penis, though her hymen remained intact.
The defense presented only accused-appellant, who claimed he was dead drunk from a drinking spree during the time of the incident and had no recollection of the events. He ambiguously stated, “Aminado ako kung ginawa ko” (I admit if I did it). The Regional Trial Court convicted him of qualified rape and imposed the death penalty, prompting this automatic review.
ISSUE
Whether the trial court erred in finding accused-appellant guilty beyond reasonable doubt of qualified rape and in imposing the death penalty.
RULING
The Supreme Court affirmed the conviction and the imposition of the death penalty. The Court found the testimonies of Genelyn and her mother credible, consistent, and sufficient to establish the crime. The defense of drunkenness was rejected, as it is not an exempting circumstance unless it completely deprived the accused of consciousness. His ambiguous statement did not constitute a clear admission. The intact hymen does not negate rape, as full penetration is not required; mere entry of the labia is sufficient. The victim’s age was conclusively proven through her mother’s testimony and her birth year, establishing the qualifying circumstance of minority and relationship. The information was deemed sufficient for stating the victim was “his own daughter,” making her name not indispensable. The qualifying circumstances of the victim being under eighteen and the offender being a parent were properly alleged and proven, warranting the death penalty under Article 335 of the Revised Penal Code, as amended by R.A. No. 7659. The Court thus affirmed the penalty of death and increased the civil indemnity to P75,000.00.