GR 144402; (August, 2003) (Digest)
G.R. No. 144402 ; August 14, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. ROMEO ECLERA, SR., appellant.
FACTS
The appellant, Romeo Eclera, Sr., was charged with the qualified rape of his 17-year-old daughter, Riolyn Eclera. The prosecution alleged that on September 22, 1999, in their home in Asingan, Pangasinan, appellant entered Riolyn’s room, used force and intimidation to make her lie down, and had sexual intercourse with her against her will. Riolyn immediately reported the incident to her mother, Rosalinda. Appellant denied the accusation and threatened to kill them if they reported it. A medico-legal examination revealed healed hymenal lacerations consistent with sexual intercourse.
For his defense, appellant interposed alibi and denial. He claimed he was at the Vice Mayor’s house during the alleged incident and only returned home past 5:00 p.m. He presented witnesses to challenge Riolyn’s credibility, including teachers who stated she had been dropped from her classes prior to the incident, and a police officer to whom Rosalinda reported a mauling but not the rape. The Regional Trial Court convicted appellant of qualified rape and imposed the death penalty, prompting this automatic review.
ISSUE
Whether the guilt of Romeo Eclera, Sr. for the crime of qualified rape was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found the testimony of the victim, Riolyn, to be credible, straightforward, and consistent. She provided a detailed and unshaken account of the rape. The defense of alibi was weak and could not prevail over her positive identification. The Court also ruled that the delay in formally reporting the rape to authorities was sufficiently explained by the victim’s fear of her father, who was a barangay captain and had issued death threats.
The crime was qualified under Article 266-B of the Revised Penal Code, as amended, due to the concurrence of two aggravating circumstances: the victim was under eighteen years old at the time of the rape, and the offender was the father of the victim. This qualified the crime for the imposition of the death penalty. The Court modified the awarded damages, ordering appellant to pay Riolyn P75,000 as civil indemnity, P50,000 as moral damages, and P25,000 as exemplary damages, in accordance with prevailing jurisprudence. The decision was affirmed with this modification.