G.R. Nos. 146452-53 December 10, 2002
People of the Philippines, appellee, vs. Artemio D. Ochea, appellant.

FACTS

The appellant, Artemio D. Ochea, was charged with two counts of qualified rape against his niece, Apolonia O. Dadol, alleged to have occurred on June 12 and 13, 1999. The Informations stated the victim was 12 years old and the appellant was her uncle. The Regional Trial Court of Naval, Biliran, found him guilty beyond reasonable doubt of the rape on June 12, 1999, as charged in Criminal Case No. CB-99-101, and sentenced him to death. He was acquitted in Criminal Case No. CB-99-103 for want of evidence. The prosecution’s version, as presented by the OSG, was that the 14-year-old victim was raped by the appellant, who poked a knife at her throat, in their one-room house where they lived together with the victim’s mother. The defense version was the appellant’s flat denial of the rape, though he admitted whipping the victim on a different date for not washing dishes. The case is under automatic review.

ISSUE

The issues submitted by the appellant are: I. Whether the trial court gravely erred in finding the accused guilty beyond reasonable doubt of rape despite alleged inconsistencies in the victim’s testimony. II. Whether the trial court erred in not giving credence to the defense’s testimonial evidence. III. Whether the trial court gravely erred in imposing the death penalty despite the prosecution’s failure to prove the real age of the victim and her relationship to the accused.

RULING

The Supreme Court found the automatic appeal partly meritorious. It ruled that the alleged inconsistencies in the victim’s testimony were minor and insignificant and did not impair her core assertion of being raped. The Court affirmed the trial court’s assessment of the victim’s credibility. However, the Court held that the prosecution failed to prove beyond reasonable doubt the minority of the victim at the time of the rape. The Informations alleged she was 12, but her testimony and other evidence did not conclusively establish her age as below 18. Consequently, the qualifying circumstance of minority under Article 266-B of the Revised Penal Code was not proven. Therefore, the appellant could only be convicted of simple rape, not qualified rape. The proper penalty for simple rape is reclusion perpetua, not death. The Court modified the trial court’s Decision, convicting the appellant of simple rape, reducing the penalty to reclusion perpetua, and ordering him to pay the victim P50,000 as civil indemnity, P50,000 as moral damages, and P25,000 as exemplary damages.