GR 182549; (January, 2009) (Digest)
G.R. No. 182549 ; January 20, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. SERGIO LAGARDE, Accused-Appellant.
FACTS
Accused-appellant Sergio Lagarde was charged with the rape of AAA, an 11-year-old, on December 27, 2001, in San Miguel, Leyte. The prosecution alleged that during a death anniversary gathering at a relative’s house, AAA’s mother ordered her to pick a jackfruit. While near the tree, accused-appellant dragged AAA to a nearby copra dryer, undressed her, poked a knife at her face, and had carnal knowledge against her will. AAA reported the incident to her mother and barangay officials. A medical examination revealed healed hymenal lacerations, confirming sexual intercourse, though no spermatozoa were found. The defense presented alibi witnesses, including Lolita Lagarde-Sarsosa (accused-appellant’s aunt), who claimed he was drinking at the house and never left. The Regional Trial Court (RTC) convicted Lagarde of rape, imposing the death penalty based on aggravating circumstances (minority, use of a bladed weapon, and uninhabited place). The case was elevated to the Court of Appeals (CA) due to the death penalty.
ISSUE
Whether the CA erred in affirming the RTC’s conviction and modifying the penalty to reclusion perpetua.
RULING
The Supreme Court affirmed the CA’s decision. The Court upheld the credibility of AAA’s testimony, noting it was consistent, natural, and supported by medical findings. The defense of alibi and denial was rejected for being weak and uncorroborated. However, the Court agreed with the CA that the death penalty was improperly imposed. The aggravating circumstances (minority, use of a bladed weapon, and uninhabited place) were not alleged in the information, violating accused-appellant’s right to be informed of the charges. Under Article 266-A of the Revised Penal Code, rape of a victim under 12 years old is simple rape punishable by reclusion perpetua, not death (which requires the victim to be under 7 years old). The civil indemnity was reduced from PHP 75,000 to PHP 50,000, and moral damages of PHP 50,000 were retained. The penalty was modified to reclusion perpetua.