GR 142727; (January, 2002) (Digest)
G.R. No. 142727; January 23, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO DULINDO ESUREĂ‘A, accused-appellant.
FACTS
Accused-appellant Antonio Dulindo Esureña was charged with the rape of his 13-year-old daughter, Nena Decano Esureña. The prosecution evidence established that on August 1, 1994, Antonio brought Nena and three younger sisters to gather anahaw leaves in the woods. There, he forcibly brought Nena to a secluded area, threatened her with a bolo, and had carnal knowledge of her. The act was witnessed by Nena’s sisters, who were threatened by Antonio not to intervene. The incident was later reported to the barangay authorities after Nena’s mother learned of it. A medical examination revealed healed lacerations on Nena’s hymen. Antonio denied the charge, claiming it was fabricated by his father-in-law due to his drunken behavior. The Regional Trial Court convicted him of rape and imposed the death penalty.
ISSUE
Whether the trial court correctly imposed the death penalty on the accused-appellant.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found Nena’s testimony, corroborated by her sister’s account and medical findings, to be credible and sufficient to establish guilt beyond reasonable doubt for simple rape. However, the imposition of the death penalty was erroneous. Under Republic Act No. 7659, the death penalty for rape requires the concurrence of specific qualifying circumstances, which must be both alleged in the information and proved during trial. In this case, while the information alleged the victim’s minority, the prosecution failed to prove it with the required degree of certainty. The only evidence of age was Nena’s own testimony, which, while admissible as a declaration of family tradition, does not constitute proof beyond reasonable doubt. Documentary evidence, such as a birth certificate, was not presented. Furthermore, although the rape was committed in the presence of relatives within the third degree of consanguinity (the victim’s sisters), this qualifying circumstance was not alleged in the information. Consequently, it could not be appreciated to justify the capital penalty. With no qualifying circumstance duly alleged and proven, the crime committed is simple rape, punishable by reclusion perpetua. The awards of damages were accordingly modified.