GR 141599; (June, 2004) (Digest)
G.R. No. 141599 ; June 29, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. CHRISTIAN GONZALES y CAYUBIT, appellant.
FACTS
The appellant, Christian Gonzales, was charged with the rape of his daughter, Mary Grace Gonzales, sometime in August 1997 in Parañaque City. The Information alleged he had carnal knowledge of his 15-year-old daughter by means of force and intimidation. During trial, Mary Grace testified to a history of sexual abuse beginning when she was nine years old. She detailed the specific August 1997 incident, stating her father entered her room, held her tightly, and forcibly had intercourse with her. The abuse was reported in March 1998 after she confided in a friend. Medico-legal examination confirmed an old-healed hymenal laceration consistent with sexual intercourse. The appellant denied the charge, interposing alibi and claiming the accusation stemmed from his having scolded his daughter.
ISSUE
Whether the trial court correctly convicted the appellant of qualified rape and imposed the death penalty.
RULING
Yes, the Supreme Court affirmed the conviction but modified the penalty. The Court found the testimony of the victim, Mary Grace, to be credible, categorical, and consistent. Her detailed account of the rape, including the use of intimidation and force, was deemed sufficient to establish the crime. The defense of alibi was weak and could not prevail over her positive identification. The medico-legal findings corroborated her claim of prior sexual intercourse. The qualifying circumstance of relationship—that the offender is the father of the victim—was duly alleged in the Information and proven during trial. Under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , rape committed by a parent against a child under eighteen is qualified rape punishable by death. However, pursuant to the ruling in People vs. Efren Mateo, the case was referred to the Court of Appeals for intermediate review to allow for a re-examination of the facts and the law, given the imposition of the death penalty. The award of damages was also affirmed.