GR 169643; (April, 2007) (Digest)
G.R. No. 169643; April 13, 2007
PEOPLE OF THE PHILIPPINES, Appellee, vs. FILOMINO L. VILLANUEVA, Appellant.
FACTS
Appellant Filomino Villanueva was charged with two counts of rape against his daughter, BBB, who was 15 years old at the time. The first alleged incident occurred on December 23, 1997, where BBB claimed she felt dizzy after drinking water given by her father and awoke with pain in her breasts and private part. The second incident happened in the first week of February 1998, wherein appellant entered the room where BBB and her siblings were sleeping, raised her blouse, sucked her breasts, removed her shorts and panty, and had carnal knowledge of her. He then threatened to kill her and her family if she reported it. BBB only disclosed the assault upon discovering her pregnancy, leading to the birth of a child in October 1998. The Regional Trial Court acquitted appellant for the December 1997 incident due to insufficient evidence of sexual intercourse but convicted him for the February 1998 rape, imposing the death penalty. The case was elevated to the Court of Appeals on automatic review.
ISSUE
Whether the Court of Appeals erred in affirming appellant’s conviction for the crime of rape committed in February 1998.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the factual findings of the lower courts, giving great weight to the credible, clear, and consistent testimony of the victim. The defense of denial and alibi was properly rejected as inherently weak against the positive identification by the victim. The Court found that all elements of rape were present: sexual intercourse occurred through force and intimidation, and the victim’s minority and her relationship to the offender as a parent were duly proven. The threat of killing the victim and her family constituted the intimidation that subdued her will, explaining her initial silence.
However, the Court modified the penalty from death to reclusion perpetua, without eligibility for parole, in accordance with Republic Act No. 9346, which prohibits the imposition of the death penalty. The Court also affirmed the award of civil indemnity, moral damages, and exemplary damages to the victim, consistent with prevailing jurisprudence for crimes of this nature. The decision underscores the principle that the testimony of a rape victim, when credible, is sufficient to sustain a conviction.