G.R. No. 143125; June 10, 2003
PEOPLE OF THE PHILIPPINES, Appellee, vs. DIOSDADO CORIAL y REQUIEZ, Appellant.

FACTS

The appellant, Diosdado Corial, was charged with the qualified rape of his minor granddaughter, Maricar Corial. The prosecution alleged that in July 1998, while they were alone in their Pasay City home, appellant forced himself on Maricar, successively inserting his penis into her private part, mouth, and anus. The abuse was revealed to Maricar’s mother in December 1998, leading to a barangay complaint, a medical examination, and a police report. The medical certificate indicated findings “suspicious for prior penetration injury.” When confronted by police, appellant allegedly stated in Tagalog that he was just having a “taste” of the child. The defense, anchored on denial, portrayed appellant as a responsible provider who cared for Maricar. They contended the charge was fabricated by his daughter, Marietta, due to resentment after he refused her request to live in his house, and highlighted her alleged mental instability.

ISSUE

Whether the appellant is guilty beyond reasonable doubt of the crime of qualified rape.

RULING

The Supreme Court affirmed the conviction for rape but modified the penalty. The Court found the testimony of the victim, Maricar, to be credible, spontaneous, and straightforward, which was consistent with her early disclosure to authorities. The defense of denial and imputation of fabrication were properly rejected by the trial court, as mere denial cannot prevail over positive identification. The Court also held that the alleged lack of opportunity due to the presence of other household members and the failure to immediately shout are inconsequential, as lust respects neither time nor place. However, the Court modified the conviction from qualified rape to simple rape. The qualifying circumstance of relationship (as a grandfather) was not alleged with the requisite specificity in the Information, which failed to state the victim’s minority. For rape to be qualified under Article 266-B of the Revised Penal Code, both relationship and minority must be alleged and proven. Here, only relationship was alleged, while minority, though proven during trial, was not stated in the Information. Consequently, the death penalty was reduced to reclusion perpetua. The awards of damages were also modified to P50,000.00 civil indemnity, P50,000.00 moral damages, and P25,000.00 exemplary damages.