GR 142726; (October, 2001) (Digest)
G.R. No. 142726; October 17, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. APOLONIO ACOSTA, accused-appellant.
FACTS
The case involves the rape of Maritess Acosta by her paternal grandfather, Apolonio Acosta. In December 1997, when Maritess was 12 years old and left to care for her siblings, Apolonio threatened her with a bolo and forced her to go to his house, where he raped her. He warned her not to report the incident. This became the first of multiple assaults. In March 1998, Maritess finally disclosed the rapes to her parents, leading to a medical examination which confirmed healed hymenal lacerations consistent with sexual intercourse. An Information was filed charging Apolonio with rape qualified by relationship.
At trial, Maritess provided a consistent and credible account. Apolonio interposed the defense of alibi, claiming he was working on a distant farm during the relevant period, and alleged the charge stemmed from a family dispute over land. The trial court found his alibi weak, noting the proximity of the farm to the crime scene and witness testimonies placing him in the area. It convicted him of qualified rape and imposed the death penalty.
ISSUE
Whether the trial court erred in imposing the death penalty despite the Information’s failure to allege the victim’s minority as a qualifying circumstance.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The legal logic centers on the constitutional right of the accused to be informed of the nature and cause of the accusation. For the death penalty to be imposed in rape cases, all qualifying circumstances, including both relationship and minority, must be specifically alleged in the Information. Here, the Information only alleged the relationship (grandfather-granddaughter) but omitted the victim’s age. This omission is fatal to the imposition of the capital penalty. The presentation of evidence during trial proving Maritess was a minor, even without objection, does not cure the defect, as it deprives the accused of the opportunity to properly prepare a defense against a capital charge. Consequently, the penalty is reduced to reclusion perpetua. The awards of P50,000.00 as civil indemnity and P50,000.00 as moral damages were affirmed as consistent with prevailing jurisprudence.