G.R. Nos. 147656-58; May 9, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. BERNABE GUTIERREZ y GUTIERREZ, appellant.

FACTS

Appellant Bernabe Gutierrez was charged with three counts of rape against his niece, Gina Alcantara. The incidents allegedly occurred on July 24, July 30, and August 12, 1999, at his residence in Mangaldan, Pangasinan. The prosecution’s evidence established that on each occasion, appellant, armed with a knife, used force, threat, and intimidation to drag the complainant into a room and have carnal knowledge of her against her will. He threatened to kill her and her family if she reported the assaults. The complainant eventually disclosed the rapes to appellant’s brother, leading to the filing of formal complaints and a medical examination which revealed healed hymenal lacerations.
The appellant denied the accusations, claiming all sexual encounters were consensual. He presented testimonies from two other nieces who alleged they observed the complainant acting affectionately towards him. The Regional Trial Court found appellant guilty beyond reasonable doubt of three counts of rape and sentenced him to reclusion perpetua for each count, plus damages.

ISSUE

The core issues were: (1) whether the Informations were defective for failing to allege the complainant’s age, and (2) whether the prosecution proved appellant’s guilt beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. On the procedural issue, the Court held that the Informations were not defective. The crimes were charged under Article 335 of the Revised Penal Code, as amended by R.A. 7659, for rape committed by force, threat, or intimidation. The age of the victim is not an element of this form of rape; it is only material in statutory rape. Therefore, the failure to allege her age did not vitiate the Informations, which sufficiently stated the elements of the crime.
On the substantive issue, the Court found the complainant’s testimony to be credible, consistent, and convincing. She provided a detailed and unwavering account of the three separate assaults, including the use of a knife and specific threats. The medical findings of healed hymenal lacerations, while not conclusive of recent penetration, were consistent with her claim of being a prior virgin and corroborated her testimony. The defense of consensuality was rejected. The Court emphasized that no young Filipina would willingly admit to a defilement and undergo the ordeal of a public trial unless motivated by a sincere desire to obtain justice. The relationship of uncle and niece, and the complainant’s delayed reporting due to fear, further bolstered her credibility. The penalty of reclusion perpetua for each count was affirmed, as was the award of civil indemnity and moral damages. However, the award of exemplary damages was deleted for lack of any aggravating circumstance attending the crimes.