G.R. No. 143677 . May 9, 2002.
PEOPLE OF THE PHILIPPINES, appellee, vs. BENITO LACHICA Y LLAMAS, appellant.

FACTS

The appellant, Benito Lachica, was charged with qualified rape in an Information alleging that on July 1, 1998, he had carnal knowledge of his five-year-old niece, Sharmaine Lachica, by means of force and by taking advantage of his superior strength and his relationship as her uncle. The prosecution established that the victim was playing near the appellant’s house when he called her inside, placed her on his lap, and sexually assaulted her. Medical examinations later confirmed genital injuries and that the victim had contracted gonorrhea, a sexually transmitted infection. The defense consisted of denial and alibi, claiming the appellant was working as a tricycle driver at the time. The Regional Trial Court found the appellant guilty of qualified rape and sentenced him to death.

ISSUE

Whether the trial court correctly convicted the appellant of qualified rape punishable by death, considering the allegations in the Information and the evidence presented regarding the victim’s age and her relationship to the offender.

RULING

No. The Supreme Court modified the conviction from qualified rape to simple rape and reduced the penalty from death to reclusion perpetua. The legal logic is anchored on the strict requirements for imposing the death penalty under Republic Act No. 7659 . For rape to be qualified and punishable by death, the specific qualifying circumstances must be both alleged with particularity in the Information and proven beyond reasonable doubt during trial. The Information in this case did allege that the victim was five years old and the appellant’s niece. However, the prosecution failed to conclusively prove the victim’s minority. While her grandmother testified she was five, no competent evidence such as a birth certificate was formally offered to establish her age below seven, a distinct qualifying circumstance under the law. The relationship as uncle, a relative within the third civil degree, was established. Nevertheless, the failure to prove the victim’s precise age with the required degree of certainty means the circumstance of the victim being a child below seven years old was not proven. Consequently, the crime cannot be considered qualified by that circumstance. The appellant is therefore guilty only of simple rape, where the relationship of uncle and niece is treated as an ordinary aggravating circumstance. The proper penalty is reclusion perpetua, not death. The Court affirmed the conviction but imposed the lesser penalty.