G.R. No. 144634 December 18, 2002
People of the Philippines, plaintiff-appellee, vs. Aurelio Cruz y Ramos, accused-appellant.

FACTS

Accused-appellant Aurelio Cruz y Ramos was charged with the rape of his then sixteen-year-old daughter, Marivic Cruz, on May 15, 1999, in San Mateo, Rizal. The Information alleged he used force, coercion, intimidation, and a knife. On May 15, 1999, after the family returned from a fiesta and the mother, Juliet, left for Bulacan, Marivic confided to her aunt, Susana, that her father had been molesting her since she was 12, but she was afraid to report it due to death threats. That same evening, around 7:00 p.m., inside their house, accused-appellant ordered Marivic to lie down beside him, poked a “Rambo” knife at her neck, threatened to kill the family, and covered her face with a pillow when she tried to shout. He then had sexual intercourse with her. Afterward, he warned her not to tell anyone. On May 17, 1999, the aunt and relatives had accused-appellant arrested. A medico-legal examination on May 18, 1999, revealed a deep healed hymenal laceration consistent with penile penetration and that Marivic was 12-13 weeks pregnant. During trial, accused-appellant initially denied the acts, claiming he was drunk and did not know, but later admitted to “abusing” Marivic in February 1999, while in a drunken state where he “lost control of [his] senses.” The Regional Trial Court convicted him of rape and imposed the death penalty.

ISSUE

Whether the trial court erred in finding accused-appellant guilty beyond reasonable doubt of the crime of rape.

RULING

The Supreme Court AFFIRMED the conviction but MODIFIED the penalty and damages. The Court found Marivic’s testimony categorical, straightforward, and credible, especially as she accused her own father. Her failure to immediately report prior incidents and her return home on May 15 did not impair her credibility, given the accused-appellant’s moral ascendancy and threats. The defense of drunkenness was unavailing; the Court noted the rape occurred around 7:00 p.m., about six hours after the fiesta drinking, and accused-appellant himself admitted to a different incident in February 1999 while drunk. However, the death penalty could not be imposed because the Information failed to allege with certainty the victim’s minority (age below 18) as a qualifying circumstance, even though it was proven during trial. The qualifying circumstance of relationship (father-daughter) was properly alleged and proven. Consequently, the crime is Simple Rape, punishable by reclusion perpetua. The Court modified the awards: civil indemnity of P50,000.00, moral damages of P50,000.00, and exemplary damages of P25,000.00 due to the relationship.