GR 175833; (January, 2008) (Digest)
G.R. No. 175833; January 29, 2008
PEOPLE OF THE PHILIPPINES, appellee, vs. EDWIN MALICSI, appellant.
FACTS
The appellant, Edwin Malicsi, was charged with four counts of rape against his niece, AAA, who was 13 years old at the time of the first incident in December 1996. AAA testified that the appellant, her uncle by affinity, raped her on four separate occasions, each time threatening her with a knife and warning her not to report the acts. The incidents occurred in December 1996, March 1998, April 1, 1998, and April 4, 1998. AAA’s mother reported the crimes after a cousin witnessed the last incident. Medical examination confirmed AAA had old hymenal lacerations consistent with sexual intercourse. The defense presented only the appellant, who claimed AAA was his sweetheart and that all sexual acts were consensual.
ISSUE
The core issue is whether the prosecution proved the appellant’s guilt for four counts of rape beyond reasonable doubt, overcoming his defense of a consensual romantic relationship.
RULING
The Supreme Court affirmed the appellant’s conviction for four counts of simple rape. The Court upheld the trial court’s and the Court of Appeals’ assessment giving full credence to AAA’s credible, categorical, and consistent testimony, which was corroborated by medical findings. The defense of a sweetheart relationship was correctly rejected as inherently improbable. The significant age gap, with AAA being a minor of 13 during the first rape and the appellant being in his 30s, coupled with the moral ascendancy he wielded as her uncle, rendered the claim of mutual consent unbelievable. The Court emphasized that the absence of immediate outcry or physical resistance does not negate rape, especially when the victim is intimidated by threats, as AAA was. However, the penalty was modified. While relationship was proven, it was not alleged in the Informations; thus, the crime is simple rape, not qualified rape punishable by death. The proper penalty is reclusion perpetua for each count. Accordingly, the civil indemnity was reduced to P50,000 per count (P200,000 total), while the P200,000 moral damages award was affirmed.