GR 176640; (August, 2008) (Digest)
G.R. No. 176640 ; August 22, 2008
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LUSTRISIMO ARELLANO, accused-appellant.
FACTS
Accused-appellant Lustrisimo Arellano was charged with three counts of statutory rape and one count of simple rape against his daughter, AAA, spanning from 1993 to 2000. The prosecution presented AAA’s detailed testimony, describing how her father sexually assaulted her on multiple occasions when they were alone at home, each time threatening to kill her mother if she disclosed the acts. Her birth certificate proved she was below twelve years old during the first three incidents and that Arellano was her biological father. Medical examination revealed physical findings consistent with penile penetration. AAA’s elder sister, BBB, also testified, revealing she had been similarly abused. The Regional Trial Court convicted Arellano of all charges, imposing the death penalty for each count, which was automatically reviewed by the Supreme Court.
ISSUE
The core issue is whether the prosecution proved Arellano’s guilt for the crimes of rape beyond reasonable doubt, particularly considering the specific dates alleged in the informations.
RULING
The Supreme Court affirmed the conviction but modified the penalties and damages. The Court upheld the credibility of AAA’s consistent and categorical testimony, which was corroborated by medical findings and the testimony of her sister. The defense of denial and alleged instigation by BBB due to strictness was deemed insufficient against the positive identification. However, the Court applied the ruling in People v. Pruna regarding the appreciation of age as an element of statutory rape. For the three charges of statutory rape, the precise age of the victim at the time of the crime must be established with certainty. The Information for Criminal Case No. 11724 alleged the rape occurred “in the year 1993,” when AAA was seven. The Court found this allegation too indefinite, as it could refer to any date within that year, including a time when AAA might have already turned twelve. Consequently, the crime in that case could not be qualified as statutory rape but was instead simple rape, punishable by reclusion perpetua. The other convictions for statutory and simple rape were affirmed. The death penalties were reduced to reclusion perpetua, and civil indemnity and moral damages were adjusted accordingly.