G.R. No. 145727. November 27, 2002.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RONILO FERRERA, accused-appellant.

FACTS

An Information was filed alleging that on the evening of April 26, 1995, accused-appellant Ronilo Ferrera, the father of the victim, with lewd design and through force, threat, and intimidation using a fan knife, willfully and feloniously had carnal knowledge of his own daughter, Melanie C. Ferrera, 13 years old, against her will. The Regional Trial Court found him guilty of qualified rape and sentenced him to death, ordering him to pay civil indemnity and moral damages. The victim, Melanie, lived with her father and his common-law wife. On the night in question, after her father had been drinking, they were on their way home when he forcibly dragged her to a bridge, undressed her, poked a knife at her waist, and copulated with her. She reported the incident the next day, and a medical examination revealed new hymenal lacerations. Accused-appellant denied the rape, claiming he was working elsewhere at the time and that the charge was instigated by a cousin with whom he had quarreled. In his Brief, he no longer questioned his conviction but prayed for a reduction of his sentence to reclusion perpetua, arguing that the prosecution failed to sufficiently prove the victim’s minority.

ISSUE

Whether the prosecution proved beyond reasonable doubt the qualifying circumstance of the victim’s minority to sustain a conviction for qualified rape punishable by death.

RULING

No. The Supreme Court modified the trial court’s decision. While the Information alleged both the relationship and the minority of the victim, the prosecution failed to present independent evidence, such as a birth certificate, baptismal certificate, or school records, to prove her age with absolute certainty. The admission of the accused as to his daughter’s age is insufficient for convicting him of qualified rape. The qualifying circumstances must be proved beyond reasonable doubt. The trial court’s imposition of the death penalty based solely on the accused’s admission was erroneous. Therefore, accused-appellant is liable only for simple rape, not qualified rape. The aggravating circumstance of relationship was, however, duly alleged and proved by his admission in open court. The penalty is reduced to Reclusion Perpetua. The awards of P75,000.00 as civil indemnity and P50,000.00 as moral damages are affirmed. Additionally, accused-appellant is ordered to pay P20,000.00 as exemplary damages due to the established relationship.