G.R. No. 144595 ; August 6, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. DANTE ILAGAN, appellant.

FACTS

The appellant, Dante Ilagan, was charged with the qualified rape of his 16-year-old daughter, Mylene Ilagan. The prosecution established that on May 19, 1998, in Norzagaray, Bulacan, appellant brought Mylene to sleep at her grandmother’s house. While she was asleep, he removed her clothing and had carnal knowledge of her. Mylene testified she was in pain and could not cry out due to appellant’s prior threats to kill her. She disclosed the incident months later to a friend, leading to a police report and a medico-legal examination which confirmed she was no longer a virgin.
In his defense, appellant presented an alibi, claiming he was working in Alabang, Muntinlupa City, on the alleged date. He asserted that Mylene fabricated the charge because he often scolded her for having boyfriends and coming home late. His mother and another daughter corroborated this motive. The trial court convicted appellant of qualified rape, imposing the death penalty and ordering him to pay P75,000.00 as civil indemnity and P100,000.00 as moral damages.

ISSUE

Whether the trial court erred in convicting appellant of qualified rape and imposing the death penalty based on the credibility of the victim’s testimony and the sufficiency of evidence proving the qualifying circumstance of the victim’s minority.

RULING

The Supreme Court affirmed the conviction for rape but modified the penalty and damages. The Court upheld the trial court’s assessment of Mylene’s credibility, noting her candid and consistent testimony detailing the sexual assault. It ruled that her testimony alone, being credible and straightforward, was sufficient to sustain a conviction. The Court found the defense of alibi weak and unsubstantiated, and the imputation of improper motive on the victim unconvincing.
However, the Court reduced the crime from qualified rape to simple rape. While the information alleged Mylene was 16 years old, the prosecution failed to conclusively prove her age through a birth certificate, baptismal certificate, or other authentic document as required by prevailing jurisprudence. Consequently, the qualifying circumstance of minority under Article 266-B was not established beyond reasonable doubt. The death penalty was thus improper. Appellant was sentenced to reclusion perpetua. Correspondingly, the civil indemnity was reduced to P50,000.00 and moral damages to P50,000.00, consistent with awards for simple rape.