GR 185206; (August, 2010) (Digest)
G.R. No. 185206 ; August 25, 2010
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MANUEL AGUILAR, Accused-Appellant.
FACTS
The accused-appellant, Manuel Aguilar, was charged with the rape of his 13-year-old stepdaughter, referred to as XYZ, on February 4, 1998. The prosecution established that XYZ was asleep in their house when Aguilar, her mother’s live-in partner, removed her shorts and underwear, laid on top of her, and had carnal knowledge against her will. He gagged her mouth and threatened to kill her if she made a sound. The act was witnessed by XYZ’s mother, AAA, who discovered the scene when she woke up to urinate and saw the naked appellant beside XYZ. A medical examination confirmed the presence of spermatozoa, indicating recent sexual intercourse.
The defense presented a denial and alibi. Aguilar claimed he was merely urinating when AAA grabbed him and falsely accused him. He alleged the complaint was fabricated due to his wife’s jealousy and his prohibition of XYZ from seeing male friends. He argued that the alleged victim’s lack of struggle and the presence of other sleeping household members made the rape improbable.
ISSUE
Whether the Court of Appeals correctly affirmed the conviction of Manuel Aguilar for the crime of Simple Rape.
RULING
The Supreme Court affirmed the conviction. The Court upheld the credibility of the victim’s categorical and consistent testimony, which was corroborated by the eyewitness account of her mother and the medical findings. The defense of denial and alibi cannot prevail over the positive identification by credible witnesses. The Court explained that the victim’s failure to shout or offer tenacious physical resistance is not tantamount to consent, especially given the threat to her life and the moral ascendancy and influence wielded by the accused as a stepfather figure residing in the same home. The Court found the qualifying circumstance of relationship but noted the failure to allege the victim’s minority in the Information, thus warranting conviction for Simple Rape only. The penalty of reclusion perpetua was affirmed. The Court modified the damages, awarding civil indemnity and moral damages of ₱50,000.00 each, and added exemplary damages of ₱30,000.00 to serve as a deterrent.