GR 144034; (May, 2002) (Digest)
G.R. No. 144034 ; May 28, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIO MASCARIÑAS, accused-appellant.
FACTS
Mario Mascariñas was convicted of raping his daughter, Maries, and sentenced to death by the trial court. The prosecution established that the abuse began when Maries was nine, with acts of lasciviousness, culminating in rape when she was eleven. The incident occurred in their one-room shack in July 1994. Maries testified that her father, armed with a knife, forced her to submit after a failed attempt at penetration the previous night. She endured repeated abuse and eventually ran away permanently. Her complaint was filed years later with the assistance of the DSWD, and a medical examination revealed healed hymenal lacerations.
The defense consisted of denial, alleging the charge was fabricated due to Maries’s resentment over parental discipline. Accused-appellant and his wife, Jesusa, portrayed Maries as stubborn and prone to running away. They questioned her credibility, noting another teenage daughter had not accused him of rape.
ISSUE
Whether the trial court erred in convicting accused-appellant of qualified rape punishable by death.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found Maries’s testimony credible, straightforward, and consistent. Her detailed account of the abuse, coupled with her flight from home and the medical findings, constituted proof beyond reasonable doubt. The defense of denial could not prevail over her positive identification.
However, the penalty was reduced from death to reclusion perpetua. The amended Information alleged the victim was a “minor” but failed to specifically state her age at the time of the rape. While her baptismal certificate was presented, the Court ruled that the age qualifying the offense for the death penalty must be expressly alleged in the Information. The term “minor” is a legal conclusion insufficient to inform the accused with certainty of the nature of the charge. Consequently, accused-appellant was found guilty only of simple rape. The civil indemnity was set at P50,000, with additional awards of P50,000 as moral damages and P25,000 as exemplary damages.