G.R. No. 144551, June 29, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. HECTOR ALVIZ, appellant.

FACTS

Appellant Hector Alviz was convicted by the Regional Trial Court of Olongapo City for two counts of rape and three counts of acts of lasciviousness under RA 7610, committed against his daughter, Hazel Alviz. The incidents occurred between February 1993 and August 1994, beginning when Hazel was thirteen. The acts included fondling her breasts and genitalia, forced kissing, and, on two occasions, sexual intercourse. The prosecution established that appellant used intimidation and threats, capitalizing on his paternal authority and history of violence to instill fear, which prevented Hazel from immediately reporting the abuses. The defense consisted of denial and alibi, which the trial court found unconvincing.

ISSUE

The core issue for automatic review was whether the prosecution proved appellant’s guilt for the crimes charged beyond reasonable doubt, particularly given the defense of denial and the specific penalties imposed.

RULING

The Supreme Court affirmed the convictions but modified the penalties. The Court upheld the factual findings of the trial court, emphasizing that the credibility of the young victim’s testimony, which was candid and consistent, deserved full weight. The Court ruled that in incestuous rape cases, the father’s moral ascendancy and influence substitute for physical force, and the victim’s fear, grounded in appellant’s violent tendencies, constituted the requisite intimidation. The delay in reporting was justified by this same fear. For the two rape convictions, the Court imposed reclusion perpetua for each count, as the qualifying circumstance of relationship was not alleged with the requisite specificity in the informations to warrant the death penalty under the applicable law. The Court also awarded civil indemnity, moral damages, and exemplary damages for each count of rape. The convictions for acts of lasciviousness under RA 7610 were likewise sustained.