GR 151186; (February, 2004) (Digest)
G.R. No. 151186 EN BANC G.R. Nos. 151186-95; February 13, 2004
PEOPLE OF THE PHILIPPINES, appellee vs. FAUSTO FUCIO y MORENO, appellant.
FACTS
Appellant Fausto Fucio was convicted by the Regional Trial Court of nine counts of rape against his ten-year-old godchild, Janet B. Floranza, and was sentenced to death for each count. The victim had been under Fucio’s custody since she was three years old. The prosecution established that from September to December 1995, Fucio repeatedly raped Janet in their home. The acts were characterized by force, intimidation, and threats to kill her and her sister if she reported the assaults. Janet eventually escaped and reported the crimes to authorities.
The defense interposed denial and alibi, claiming Janet fabricated the charges due to a grudge. The trial court gave full credence to Janet’s candid and consistent testimony, which was corroborated by medical findings of healed lacerations, and convicted Fucio. The case was elevated to the Supreme Court for automatic review due to the imposition of the death penalty.
ISSUE
The core issue is whether the prosecution proved the guilt of the appellant for the crimes of rape beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s assessment of the victim’s credibility, noting that her testimony was straightforward, detailed, and consistent even under rigorous cross-examination. The Court emphasized that the testimony of a child victim, when credible, is sufficient to sustain a conviction for rape. The defense of denial and alibi, unsubstantiated by clear and convincing evidence, cannot prevail over the positive identification by the victim.
However, the Court reduced the penalty from death to reclusion perpetua for each count of simple rape. The Court found that the qualifying circumstance of the victim being under eighteen and the offender being a parent, ascendant, step-parent, guardian, or relative by consanguinity or affinity within the third civil degree was not sufficiently alleged in the informations. While Fucio was the victim’s godfather and custodian, this relationship is not among those enumerated in Article 266-B of the Revised Penal Code that qualifies the crime for the death penalty. Consequently, the proper penalty is reclusion perpetua. The Court also affirmed the awards of civil indemnity and moral damages.