G.R. No. 146854 ; April 28, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. PASCUAL BALBARONA, appellant.

FACTS

Appellant Pascual Balbarona was charged with the rape of his minor daughter, Odette. The prosecution alleged that on May 28, 2000, in Iligan City, appellant, finding himself alone with the victim in their house, pushed her, removed her clothes, and had carnal knowledge of her against her will. The victim, who was fifteen years old, immediately reported the incident to her elder sister and a friend, and later to a member of a paramilitary unit. A medical examination was conducted. The defense presented an alibi, with appellant claiming he was at his workplace as a butcher the entire day and only returned home at 7:00 p.m.
The prosecution and defense entered into a stipulation of facts admitting that the victim was appellant’s daughter and was under eighteen at the time of the incident. The trial court convicted appellant of rape qualified by the victim’s minority and her relationship to the offender, imposing the death penalty. The case was elevated to the Supreme Court for automatic review.

ISSUE

Whether the prosecution proved the guilt of the appellant beyond reasonable doubt and correctly established the qualifying circumstances to justify the imposition of the death penalty.

RULING

Yes, the appellant’s guilt was proven beyond reasonable doubt, but the death penalty was improper. The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. The Court found the victim’s testimony credible, straightforward, and consistent. Her immediate outcry corroborated her account. The defense of alibi was weak and uncorroborated. The medical findings, while not conclusive of full penetration, did not negate rape, as the law only requires the entry of the male organ into the labia of the female organ.
However, the death penalty could not be imposed. While the stipulation of facts admitted the victim was appellant’s daughter and under eighteen, it did not specifically admit she was under fifteen. For the death penalty under Article 266-B of the Revised Penal Code, the victim must be under eighteen and the offender a parent, or the victim must be under fifteen regardless of relationship. The stipulation only established she was a minor under eighteen. The precise age of fifteen was not a judicial admission. The qualifying circumstance of the victim being under fifteen must be proven with equal certainty as the crime itself. The prosecution’s failure to present the victim’s birth certificate or other independent evidence to conclusively prove she was under fifteen at the time of the rape warranted the reduction of the penalty to reclusion perpetua for simple rape. The awards of damages were accordingly modified.