GR 141881; (November, 2001) (Digest)
G.R. No. 141881 ; November 21, 2001
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VIRGILIO BERNABE y RAFOL, accused-appellant.
FACTS
The accused-appellant, Virgilio Bernabe, was charged with the rape of his 17-year-old daughter, Maria Esnelia Bernabe, on October 29, 1998, in Pasay City. The prosecution’s evidence established that the appellant, arriving home intoxicated, entered the room where Maria Esnelia and her sister were sleeping. He then kissed her, removed her underwear, and had carnal knowledge with her against her will. The victim reported the incident to relatives and the police, leading to the appellant’s arrest. A medico-legal examination revealed no hymenal injuries but noted the hymenal opening was wide enough to accommodate penetration without injury. The appellant denied the accusation, claiming the charge was fabricated due to familial disputes over land and his disapproval of his daughter’s boyfriend.
ISSUE
The primary issue is whether the prosecution proved the appellant’s guilt for the crime of rape beyond reasonable doubt. A subsidiary issue involves the correctness of the penalty and damages awarded by the trial court.
RULING
The Supreme Court affirmed the conviction but modified the penalty and damages. The Court found the testimony of the victim credible and consistent, adhering to the principle that a young woman would not fabricate a story of rape by her own father and undergo the ordeal of a public trial without a genuine desire for justice. The Court rejected the defense’s arguments, including the claim that the cramped living conditions made the crime impossible, stating that lust respects no time or place. The medico-legal finding of an intact hymen does not negate rape, as a freshly broken hymen is not an essential element, and penetration alone is sufficient.
However, the Court reduced the penalty from death to reclusion perpetua. While the Information alleged the victim’s minority and her relationship to the appellant, the prosecution failed to conclusively prove her age at the time of the crime. The baptismal certificate presented was insufficient to establish the date of birth; a birth certificate or other competent evidence was required. Consequently, the qualifying circumstance of minority could not be appreciated. The awards for civil indemnity and moral damages were each set at P50,000.00, and exemplary damages were reduced to P25,000.00, in accordance with prevailing jurisprudence.