GR 142747; (March, 2002) (Digest)
G.R. No. 142747 . March 12, 2002.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RESTITUTO CAPILI Y SEBASTIAN, accused-appellant.
FACTS
The prosecution established that on April 25, 1997, in Navotas, Metro Manila, ten-year-old Melissa Manuel was called upstairs by her uncle, accused-appellant Restituto Capili. Alone with her, Capili ordered her to perform a lascivious act and, upon her refusal, proceeded to undress and have carnal knowledge of her. The victim’s mother learned of the abuse on the same day, leading to a medical examination and the filing of a complaint. The medical findings confirmed loss of virginity but suggested penetration by an object smaller than an adult male penis. The defense consisted of alibi and denial, claiming the appellant was playing cards at the material time and attributing the charge to a prior family dispute over a missing bracelet.
ISSUE
Whether the trial court erred in convicting the appellant of statutory rape qualified by relationship and imposing the death penalty.
RULING
The Supreme Court affirmed the conviction for statutory rape but modified the penalty. The testimony of the young victim was found credible, straightforward, and consistent, prevailing over the weak defenses of alibi and denial. Statutory rape under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , is consummated by carnal knowledge of a woman below twelve years of age, irrespective of her consent. The victim’s age was sufficiently proven by her birth certificate and her mother’s testimony. However, the Court reduced the penalty from death to reclusion perpetua. For the death penalty to apply, the qualifying circumstance of relationship must be alleged in the information and proved with the same degree of certainty as the victim’s minority. Here, while the information alleged appellant was an uncle by affinity within the third civil degree, the prosecution failed to corroborate this relationship with competent evidence beyond the victim’s bare assertion. Following People vs. Liban, such uncorroborated testimony is insufficient to establish a qualifying circumstance. Consequently, the crime is simple statutory rape, punishable by reclusion perpetua. The awards of damages were also adjusted in line with prevailing jurisprudence.