G.R. No. 175327 ; April 3, 2013
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. EDMUNDO VITERO, Accused-Appellant.

FACTS

Accused-appellant Edmundo Vitero was charged with six counts of qualified rape against his 13-year-old daughter, AAA, in Informations filed on March 21, 2001. The charges alleged that the rapes occurred in April 1998 in Ligao, Albay. Upon arraignment, he pleaded not guilty. The cases were jointly tried.
The prosecution presented AAA, her mother BBB, and Dr. Lea Remonte. AAA testified that in April 1998, while sleeping in a room with her father and siblings, she was awakened by the accused mounting her. He stripped her, inserted his penis into her vagina, kissed her, and fondled her breasts, causing pain and bleeding. She cried but was threatened with a knife. She did not report the incident out of fear. She later disclosed to her mother in November 2000 that she had been raped six times. Dr. Remonte’s medico-legal examination revealed a healed hymenal laceration consistent with sexual intercourse.
The defense presented accused-appellant, his uncle Ireneo Vitero, and his sister Vilma Prelligera. Accused-appellant denied the allegations, claiming he was working in Manila from 1996 to 2000 and that the charge was fabricated by his wife. His witnesses corroborated his employment in Manila.
The Regional Trial Court (RTC) found accused-appellant guilty beyond reasonable doubt of one count of qualified rape but acquitted him of the other five counts due to reasonable doubt. It imposed the death penalty and awarded civil indemnity, moral damages, and exemplary damages. The case was elevated for automatic review but was transferred to the Court of Appeals pursuant to People v. Mateo.
The Court of Appeals affirmed the RTC’s judgment of conviction but modified the penalty to reclusion perpetua in lieu of death, pursuant to Republic Act No. 9346 . The damages awarded were affirmed.

ISSUE

Whether the Court of Appeals correctly affirmed accused-appellant’s conviction for the crime of qualified rape.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals. The Court held that the prosecution proved accused-appellant’s guilt beyond reasonable doubt for one count of qualified rape. The credible and categorical testimony of AAA, corroborated by the medico-legal findings, established all the elements of rape: (1) carnal knowledge occurred; (2) it was done through force or intimidation; and (3) the victim was under 18 years of age and the offender was her parent. The defense of alibi was rejected as it was not physically impossible for accused-appellant to be at the crime scene, and it could not prevail over the positive identification by the victim. The qualifying circumstance of relationship (father-daughter) was duly proven by the victim’s birth certificate and the marriage certificate of her parents. The penalty of reclusion perpetua, without eligibility for parole, was correctly imposed pursuant to Republic Act No. 9346 . The awarded damages—P75,000 as civil indemnity, P50,000 as moral damages, and P25,000 as exemplary damages—were also affirmed.