G.R. No. 182791 February 10, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ELISTER BASMAYOR y GRASCILLA, Accused-Appellant.

FACTS

Two informations for Statutory Rape were filed against appellant Elister Basmayor, the common-law partner of the victim’s mother. The charges stemmed from incidents alleged to have occurred on November 9 and 12, 2001, in Pasig City, against AAA, who was 11 years old. During trial, AAA testified that on November 9, 2001, while her mother was sleeping, appellant embraced her, touched her private parts, and later, while her mother was out, inserted his penis into her vagina. On November 12, 2001, appellant again raped her while her mother was not home. The victim’s testimony was supported by the medico-legal findings of Dr. Pierre Paul F. Carpio, which indicated fresh hymenal lacerations compatible with recent loss of virginity. The defense consisted of appellant’s denial and alibi, claiming he was elsewhere on November 9 and that the complaint was instigated by a relative. The Regional Trial Court convicted appellant only for the rape on November 12, 2001 (Criminal Case No. 122128-H), sentencing him to reclusion perpetua and awarding civil indemnity and moral damages of ₱50,000 each, while dismissing the charge for November 9, 2001 due to inconsistencies in the victim’s testimony. The Court of Appeals affirmed the conviction but modified it to Qualified Rape, increased the civil indemnity and moral damages to ₱75,000 each, and added an award of ₱25,000 as exemplary damages.

ISSUE

Whether the Court of Appeals correctly modified the trial court’s decision by finding appellant guilty of Qualified Rape and adjusting the awards of damages.

RULING

Yes, the Supreme Court affirmed the decision of the Court of Appeals with modifications. The Court held that the victim’s credible testimony, corroborated by medico-legal findings, proved appellant’s guilt beyond reasonable doubt for the rape committed on November 12, 2001. The Court agreed with the appellate court’s qualification of the crime, noting that appellant, as the common-law spouse of the victim’s mother, is considered a step-parent under the law, which is a qualifying circumstance under Article 266-B of the Revised Penal Code, warranting the penalty of death. However, due to the prohibition of the death penalty under Republic Act No. 9346 , the penalty was reduced to reclusion perpetua without eligibility for parole. The Court also sustained the increased awards of ₱75,000 as civil indemnity, ₱75,000 as moral damages, and ₱25,000 as exemplary damages, in line with prevailing jurisprudence.