GR 1482; (February, 1904) (Digest)
G.R. No. 1482 : February 29, 1904
THE UNITED STATES, complainant-appellee, vs. ANTONIO FERNANDEZ, defendant-appellant.
FACTS:
The defendant, Antonio Fernandez, a sergeant of the Constabulary, went with other members of the corps to the house of the complaining witness’s father to search for firearms. No arms were found. After his men went to a nearby barn, the defendant remained alone in the house with the complaining witness, a 16-year-old girl. He threatened her with his revolver, stating he would kill her unless she submitted to him. Through this intimidation, he succeeded in having sexual intercourse with her. The trial court found the defendant guilty of rape and sentenced him to the maximum penalty of seventeen years, four months, and one day of reclusion temporal. The defendant appealed the judgment.
ISSUE:
Whether the penalty imposed by the trial court is correct, considering the presence of aggravating circumstances, and whether the trial court’s order for the defendant to pay a sum of money to the father of the complaining witness is legally authorized.
RULING:
The Supreme Court affirmed the conviction for rape, finding the defendant’s guilt fully established by the evidence. The Court agreed with the trial court that the crime was committed with two aggravating circumstances: (1) the accused availed himself of his position as a sergeant of the Constabulary to commit the crime, and (2) the crime was committed in the dwelling of the complaining witness. Consequently, the imposition of the maximum penalty of seventeen years, four months, and one day of reclusion temporal was in accordance with law.
However, the Supreme Court modified the trial court’s judgment regarding civil liability. The Court held that there was no legal authority for the order condemning the defendant to pay 500 pesos to the father of the complaining witness. In its place, applying Article 449 of the Penal Code, the Court ordered the defendant to endow the unmarried complaining witness with 500 Philippine pesos and to acknowledge and support any offspring that may result from the crime.
With this modification, the judgment of the court below was affirmed. The defendant was also ordered to pay the costs of the instance.