G.R. No. 182690; May 30, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. EDGARDO OGARTE y OCOB, Accused-Appellant.

FACTS

Accused-appellant Edgardo Ogarte y Ocob was charged with two counts of Rape under Article 335 of the Revised Penal Code, qualified by relationship and age, committed against his 16-year-old daughter, AAA. The Informations alleged that the rapes occurred on November 1, 1996 (evening) and November 3, 1996 (morning) in their municipality. Ogarte pleaded not guilty.
The prosecution presented AAA, who testified that on November 1, 1996, while she was sleeping at home, Ogarte woke her up, brought her to the kitchen, and forcibly had sexual intercourse with her despite her pleas and struggles. He threatened to kill her if she told anyone. On November 3, 1996, while helping Ogarte gather firewood, he again raped her at a wooded area near their house, using a bolo to threaten her. AAA revealed the incidents to her mother on December 5, 1996, and later to her grandmother BBB on March 20, 1997. They executed sworn affidavits at the NBI on April 2, 1997. A medico-legal certificate dated April 2, 1997, indicated old healed hymenal lacerations.
The defense consisted of Ogarte’s denial and alibi. For the first incident, he claimed his wife was present that night and that it was impossible to move AAA without waking her sisters. For the second incident, he claimed he was plowing his farm. He alleged that AAA filed the charges as revenge because he and his wife slapped her in February 1997 after learning reports of her having sexual intercourse with other men. A barangay captain testified to Ogarte’s good moral character.
The Regional Trial Court found Ogarte guilty beyond reasonable doubt of two counts of qualified rape and sentenced him to death for each count, plus civil indemnity and moral damages. The case was transferred to the Court of Appeals for intermediate review.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of accused-appellant Edgardo Ogarte for two counts of Qualified Rape.

RULING

The Supreme Court AFFIRMED the conviction with modifications to the penalties and awards of damages.
The Court upheld the findings of the trial court and the Court of Appeals, giving full credence to AAA’s testimony. It was found to be clear, straightforward, credible, and consistent. The Court emphasized that testimonies of child-victims of rape are given full weight and credit. The medical finding of old healed hymenal lacerations corroborated her claim of prior sexual intercourse. The Court rejected Ogarte’s defenses of denial and alibi as inherently weak and self-serving, and found his imputation of ill motive unsubstantiated. The delay in reporting the rape was sufficiently explained by AAA’s fear of her father’s threats and her young age.
Regarding the qualification and penalty: The crimes were committed in 1996, prior to the effectivity of Republic Act No. 8353 (The Anti-Rape Law of 1997). Therefore, the applicable law was Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659. The qualifying circumstances of minority (AAA was 16) and relationship (father-daughter) were both alleged in the Informations and proven during trial. Under the law then in force, when rape is committed with the use of a deadly weapon or by two or more persons, the penalty is reclusion perpetua to death. Since the second rape involved the use of a bolo (a deadly weapon), and both rapes were qualified by relationship and minority, the imposable penalty for each count was death.
However, in view of the passage of Republic Act No. 9346 prohibiting the imposition of the death penalty, the penalty for each count of rape was reduced to reclusion perpetua without eligibility for parole.
On civil liabilities, the Court modified the awards. For each count of qualified rape, accused-appellant is ordered to pay AAA: P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages. The awards for each count shall earn legal interest at 6% per annum from the finality of the judgment until fully paid.