GR 144445; (April, 2003) (Digest)
G.R. Nos. 144445-47; April 30, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. GENARO BIONG, appellant.
FACTS
Genaro Biong was charged with three counts of rape committed against his 13-year-old daughter, Dina. The prosecution presented Dina’s testimony detailing two specific incidents in July and August 1998, where appellant, armed with a knife, had forcible carnal knowledge of her while they shared a bed with her mother, who was in deep sleep. Medical examination revealed healed hymenal lacerations. The defense presented an alibi, claiming appellant was elsewhere during the alleged dates. During trial, however, appellant admitted in his testimony to having sexual intercourse with his daughter on two occasions, though he claimed it was consensual.
ISSUE
Whether the prosecution proved the guilt of the appellant for the crime of qualified rape, warranting the imposition of the death penalty, beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction for rape but modified the penalty to reclusion perpetua, downgrading the crime from qualified to simple rape. The Court held that while appellant’s judicial admissions of sexual intercourse with his daughter were admissible and constituted proof of carnal knowledge, these admissions alone were insufficient to establish all the elements of qualified rape. The qualifying circumstance of relationship, which would warrant the death penalty under Article 266-B of the Revised Penal Code, must be proven with equal certainty as the crime itself. The prosecution failed to present independent evidence, such as a birth certificate or any authentic document, to conclusively prove the filiation between appellant and the victim. The testimony of the victim identifying appellant as her father, while credible for establishing the fact of rape, was deemed insufficient to prove the qualifying circumstance of relationship with the requisite certainty for a capital offense. Consequently, the Court ruled that the prosecution did not discharge its burden of proving every element of qualified rape beyond reasonable doubt. Appellant was thus convicted of two counts of simple rape. The awards of civil indemnity and moral damages were adjusted accordingly, and exemplary damages were awarded due to the established minority of the victim.