GR 142930; (March, 2003) (Digest)
G.R. No. 142930; March 28, 2003
THE PEOPLE OF THE PHILIPPINES, appellee, vs. KAKINGCIO CAĂ‘ETE, appellant.
FACTS
The appellant, Kakingcio Cañete, was convicted of rape and sentenced to death by the Regional Trial Court. The victim was his niece, Alma Cañete, who was twelve years old at the time of the incident in February 1996. Alma testified that while her aunt was away, her uncle, armed with a knife and smelling of liquor, threatened and raped her in their home while her blind and paralytic father slept nearby. She reported the rape to a neighbor and later to her aunt, Alejandra, which led to a barangay complaint and a medical examination. The medico-legal certificate indicated healed hymenal lacerations. The appellant denied the accusation, presenting an alibi that he was at a neighbor’s house helping with farm work and drinking tuba during the alleged incident.
ISSUE
The core issue for automatic review was whether the trial court correctly convicted the appellant of qualified rape punishable by death, considering the allegations and evidence presented.
RULING
The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. The Court found Alma’s testimony credible, consistent, and sufficient to establish the fact of rape beyond reasonable doubt. Her immediate reporting to her aunt and the neighbor, coupled with the medico-legal findings, corroborated her account. The appellant’s alibi was rightly rejected for being weak and unsubstantiated. However, the Court held that the appellant could only be validly convicted of simple rape, not qualified rape punishable by death. The Information failed to allege with specificity the victim’s exact age or her relationship to the appellant as a qualifying circumstance for the imposition of the death penalty. It merely described Alma as a “minor (12 years old)” without stating she was under eighteen, and did not allege the uncle-niece relationship. Following the rule that qualifying circumstances must be specifically pleaded in the Information, the appellant was deprived of his right to be properly informed. Thus, he was convicted of simple rape under Article 335 of the Revised Penal Code, as amended, with the penalty reduced to reclusion perpetua. The Court also modified the damages, awarding civil indemnity, moral damages, and exemplary damages to the victim.