G.R. No. 143030 March 12, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. REYNALDO PORTUGAL Y GALLARDO, accused-appellant.

FACTS

The accused-appellant, Reynaldo Portugal, was convicted by the Regional Trial Court for the rape of his stepdaughter, Maricel Abela, and sentenced to death. The prosecution established that on the evening of March 4, 1995, appellant, motivated by diabolical desire, used force and intimidation to have carnal knowledge of Maricel against her will in their home in Calapan, Oriental Mindoro. Maricel, then 12 years old, testified that she resisted and pleaded with appellant to stop, but he threatened to kill her. She reported the incident the following day. Medical examination confirmed recent and old hymenal lacerations consistent with sexual intercourse.
The defense interposed denial and alibi, claiming appellant was drinking with companions at the time of the alleged incident. He also alleged that Maricel’s testimony was motivated by ill-will due to prior disciplinary actions. The trial court found the victim’s testimony categorical, straightforward, and credible, while rejecting the defense’s self-serving claims as uncorroborated and insufficient to overcome the positive identification.

ISSUE

Whether the trial court erred in convicting appellant of rape and 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 Court upheld the trial court’s assessment of credibility, ruling that the victim’s clear, consistent, and candid testimony, corroborated by medical findings, sufficiently established the crime of rape beyond reasonable doubt. Denial and alibi, being weak defenses, cannot prevail over positive identification.
However, the Court reduced the penalty from death to reclusion perpetua. While the evidence proved that the victim was under eighteen and the offender was her stepfather—circumstances which under Article 335 of the Revised Penal Code, as amended, warrant the death penalty—the Information failed to specifically allege the victim’s minority. Jurisprudence mandates that for the imposition of the death penalty, both the minority of the victim and her relationship to the offender must be expressly alleged in the Information and proved during trial. Since the Information only alleged the stepfather-stepdaughter relationship, appellant could only be convicted of simple rape punishable by reclusion perpetua. Accordingly, the civil indemnity was set at P50,000.00, with moral damages of P50,000.00 and exemplary damages of P20,000.00 affirmed.