GR 143708; (February, 2003) (Digest)
G.R. No. 143708 ; February 24, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROGELIO SAMBRANO y TINDERO, accused-appellant.
FACTS
The accused-appellant, Rogelio Sambrano, was charged with the rape of Sheen Gonzales, the five-year-old daughter of his common-law spouse, Nilda Parilla. The prosecution alleged that on October 20, 1998, in Samal, Bataan, Sambrano had carnal knowledge of the child. The victim’s mother discovered the crime when she saw blood stains on her daughter’s underwear. Sheen, during her testimony, clearly stated that the appellant undressed her and inserted his penis into her organ. Medical examination by Dr. Emelita Firmacion confirmed fresh lacerations on the victim’s hymen, consistent with recent penetration. Forensic analysis by the NBI also confirmed the presence of human blood matching the victim’s type on her underwear.
The defense presented only the appellant, who denied the accusation. He claimed the child was injured after falling from a balustre while he was cleaning a pigpen. He asserted that the victim’s mother had coached her daughter to testify against him. The Regional Trial Court of Bataan found the prosecution’s evidence credible, convicted Sambrano of rape, and imposed the death penalty due to the qualifying circumstance of the victim being a child below seven years old, prompting an automatic review by the Supreme Court.
ISSUE
Whether the guilt of the accused-appellant for the crime of rape was proven beyond reasonable doubt, warranting the imposition of the death penalty.
RULING
The Supreme Court affirmed the conviction. The Court found the testimony of the child-victim, Sheen Gonzales, to be credible, straightforward, and consistent with the physical evidence. Her candid description of the sexual assault, using simple words appropriate for her age, carried the ring of truth. The medical findings of fresh hymenal lacerations, corroborated by the forensic blood evidence, strongly supported her account. The defense of denial and imputation of improper motive on the part of the victim’s mother was deemed weak and self-serving, especially when weighed against the positive and categorical testimony of the victim.
Regarding the penalty, the Court upheld the imposition of death. Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , mandates the death penalty when the victim is below seven years old. The victim’s Certificate of Birth and her mother’s testimony conclusively established that Sheen was five years old at the time of the rape. This qualifying circumstance was properly alleged in the information and proven during trial. The Court modified the awarded damages, increasing the civil indemnity to P75,000.00, moral damages to P75,000.00, and awarding exemplary damages of P25,000.00, all in line with prevailing jurisprudence. The records were ordered transmitted to the Office of the President for possible exercise of the pardoning power, as required by law.