GR 147606; (January, 2003) (Digest)
G.R. No. 147606; January 14, 2003
People of the Philippines, plaintiff-appellee, vs. Rogelio Mirante Sr., accused-appellant.
FACTS
The accused-appellant, Rogelio Mirante Sr., was convicted by the trial court of raping his 14-year-old daughter, Analyn Mirante, and was sentenced to death. Analyn testified that her father first raped her on November 28, 1998, after ordering her younger siblings to sleep, forcibly stripping her, and having carnal knowledge of her while armed with a bolo. She recounted another rape incident on February 25, 1999, where her father, after her mother left for work, straddled and penetrated her, threatening her with a knife when she resisted. Analyn had confided the incidents to her mother and older brother as early as November 1998, but her mother sided with the accused. A medical examination revealed healed lacerations on Analyn’s hymen. The accused interposed the defense of alibi and denial, claiming he caught Analyn with her boyfriend on February 27, 1999, and that she fabricated the rape charge because she resented his strict discipline. The trial court found Analyn’s testimony credible and convicted the accused of qualified rape.
ISSUE
Whether the accused-appellant should be convicted of qualified rape punishable by death, or simple rape punishable by reclusion perpetua, given the prosecution’s failure to conclusively prove the victim’s minority through authentic documentary evidence.
RULING
The Supreme Court modified the trial court’s decision. It upheld the conviction for rape, finding the victim’s testimony straightforward, candid, and convincing, and ruling that minor inconsistencies did not undermine her credibility. However, it held that for a conviction of qualified rape punishable by death, the victim’s minority (being below 18 years of age) must be established with certainty through authentic documentary evidence, such as a birth certificate, baptismal certificate, or school records. The prosecution failed to present any such corroborative evidence of Analyn’s age. Therefore, the accused could only be held liable for simple rape. The penalty was reduced from death to reclusion perpetua. The civil indemnity was reduced from P75,000.00 to P50,000.00, and moral damages of P50,000.00 were affirmed.