G.R. No. 147662 -63; August 15, 2003
PEOPLE OF THE PHILIPPINES, Appellee, vs. FREDDIE FONTANILLA, Appellant.

FACTS

The appellant, Freddie Fontanilla, was convicted by the Regional Trial Court of two counts of rape and sentenced to death. The informations alleged that in November 1999 and January 2000, in Laoac, Pangasinan, the appellant, a stepfather to the 14-year-old complainant Methel Kathleen Fernandez, had carnal knowledge of her through force and intimidation. The prosecution established that during both incidents, the appellant approached the sleeping victim in their shared bedroom, removed her clothing and his own, and succeeded in having sexual intercourse despite her resistance and the pain she felt. The victim did not immediately report the rapes due to the appellant’s threat to kill her mother, Esmeralda Ramos. The January 2000 incident was allegedly witnessed by Esmeralda through a window. A medical examination revealed healed hymenal lacerations.
The defense interposed denial and alibi. Esmeralda, the victim’s mother and the appellant’s wife, testified for the defense, denying she witnessed any rape and claiming the appellant was not home on the alleged dates. The trial court gave full credence to the victim’s consistent and categorical testimony, finding the defense evidence weak and insufficient to overcome the presumption of innocence.

ISSUE

Whether the guilt of the appellant for the crime of rape was proven beyond reasonable doubt.

RULING

Yes, but the penalty is modified. The Supreme Court affirmed the conviction but reduced the penalty from death to reclusion perpetua for each count. The Court upheld the trial court’s assessment of the victim’s credibility, which was positive, straightforward, and consistent on the essential fact of sexual violation. The defense of denial, unsupported by clear and convincing evidence, cannot prevail over the victim’s affirmative testimony. The medical findings of healed lacerations corroborated her claim of prior sexual intercourse. However, the Court found that the qualifying circumstance of relationship, which would warrant the death penalty, was not sufficiently proven. The prosecution failed to establish that the appellant was a stepfather or a relative by affinity within the third civil degree. The evidence showed the victim’s biological mother was Carmelita Fernandez, not Esmeralda Ramos who married the appellant. Thus, no step-relationship existed. Consequently, the crime is simple rape punishable by reclusion perpetua. The awards of civil indemnity and moral damages were affirmed at ₱50,000.00 each per count, but exemplary damages were deleted due to the absence of proven aggravating circumstances.