G.R. Nos. 143468-71; January 24, 2003
The People of the Philippines, plaintiff-appellee, vs. Freddie Lizada @ Fredie Lizada, accused-appellant.

FACTS

Accused-appellant Freddie Lizada was charged with four counts of qualified rape in separate Informations, alleging that on or about August 1998, September 15, 1998, October 22, 1998, and November 5, 1998, in Manila, he had carnal knowledge of Analia Orillosa y Agoo, a minor born on December 18, 1985, against her will and consent through force, violence, and intimidation. The accused-appellant, the live-in partner of Analia’s mother, Rose Orillosa, pleaded not guilty. The prosecution’s evidence established that the sexual abuse began in 1996 when Analia was about ten years old, with incidents occurring up to twice a week. A specific incident on November 5, 1998, was witnessed by Analia’s brother, Rossel, who saw the accused-appellant on top of her. The abuse was revealed on November 9, 1998, after a family argument, leading to a police report and a medico-legal examination. Dr. Armie Umil’s examination found Analia’s hymen intact with a small orifice, concluding it precluded complete penetration by an average-sized adult male organ without producing injury. The defense denied the charges, claiming the accusations were fabricated by Rose to gain control of their joint business and properties.

ISSUE

Whether the accused-appellant is guilty beyond reasonable doubt of four counts of qualified rape.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimony of the victim, Analia, credible, straightforward, and consistent. The defense of denial and frame-up was rejected for being weak and unsupported by evidence. The Court held that the intact hymen does not negate rape, as full penetration of the penis is not required; mere touching of the labia or entry between the labia majora constitutes rape. The qualifying circumstance of the victim being under eighteen years of age and the offender being a common-law spouse of the victim’s parent was duly alleged and proven, warranting the penalty for qualified rape. However, due to the prohibition of the death penalty under Republic Act No. 9346 , the Court modified the penalty from death to reclusion perpetua for each count. The accused-appellant was ordered to pay civil indemnity of P50,000.00 and moral damages of P50,000.00 for each count, totaling P200,000.00.