GR 215331; (January, 2017) (Digest)
G.R. No. 215331, January 23, 2017
People of the Philippines, Plaintiff-Appellee vs. Ludigario Belen y Marasigan, Accused-Appellant
FACTS
The accused-appellant, Ludigario Belen, was charged with two counts of qualified rape against AAA, the eight-year-old daughter of his common-law wife, BBB. The informations alleged the crimes occurred in July 1999 in San Mateo, Rizal, committed through force and intimidation with the use of a knife and attended by qualifying circumstances of relationship and minority. AAA testified that in two separate instances that month, appellant called her inside their house, locked the door, threatened her with a knife, and forced her to undress before having carnal knowledge. She remained silent due to threats until she disclosed the abuse to her mother in 2005. A medico-legal examination confirmed a deep-healed hymenal laceration. The defense was denial, claiming the charges were fabricated after his separation from BBB.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of the accused-appellant for two counts of simple rape.
RULING
The Supreme Court affirmed the conviction but modified the classification of the crimes from qualified to simple rape. The Court upheld the credibility of AAA’s testimony, which was candid, consistent, and corroborated by medical findings. The delay in disclosure was sufficiently explained by her young age and the appellant’s threats. However, the qualifying circumstance of relationship under Article 266-B of the Revised Penal Code requires that the offender be the common-law spouse of the parent of the victim. The appellant was correctly established as the common-law spouse of the victim’s mother, BBB. The qualifying circumstance of minority was also present, as the victim was eight years old at the time of the rapes. For the crime to be qualified, both circumstances must concur and be alleged and proven with certainty. While both were alleged, the prosecution failed to present AAA’s birth certificate or similar documentary evidence to conclusively prove her age at the time of the commission of the crime. Testimonial evidence on age alone, without documentary corroboration, is insufficient to prove minority for purposes of qualifying the offense. Consequently, the crimes are simple rape. The penalty of reclusion perpetua for each count and the awards of civil indemnity, moral damages, and exemplary damages were affirmed.