G.R. No. L-35413 November 7, 1979
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIPE MORALES, defendant-appellant.

FACTS

The case involves the automatic review of a death sentence imposed on Felipe Morales for the crime of rape. The victim, Antonia Solano, was an 11-year-old housemaid residing in the secluded home of the accused in Zamboanga del Sur to pay off a family debt. On the night of March 10, 1970, Morales awakened Solano, threatened her with a bolo, and forcibly had sexual intercourse with her five times. She could not effectively resist or shout due to fear. The following day, she reported the incident to her parents and later to Morales’s wife, but no action was taken. Under continued threats, she was compelled to return to Morales’s house, where the sexual assaults persisted nightly until her escape on May 11, 1970. She then filed a formal complaint. A medical examination confirmed healed hymenal lacerations, consistent with loss of virginity.
The defense, rejected by the trial court, claimed the sexual acts were consensual, alleging a marriage agreement with Solano’s parents. Morales testified that Solano’s parents encouraged proximity and that she willingly participated. The court found this narrative inherently incredible given Solano’s age, the initial use of a deadly weapon, the isolated setting, and her immediate efforts to report the crime upon escaping.

ISSUE

Whether the trial court correctly convicted Felipe Morales of rape qualified by the use of a deadly weapon and properly imposed the death penalty.

RULING

The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua due to the lack of the required votes for capital punishment. The Court upheld the trial court’s factual findings, emphasizing that the victim’s testimony was clear, credible, and consistent with medical evidence. The defense of consent was untenable; a girl of eleven years is legally incapable of giving consent to sexual intercourse. The element of force and intimidation was established by the threat with a bolo, and her subsequent captivity and repeated assaults under duress corroborated her lack of consent.
Regarding the qualifying and aggravating circumstances, the Court agreed that the crime was committed with the use of a deadly weapon, which under Article 335 of the Revised Penal Code raises the penalty to reclusion perpetua to death. The Court, however, modified the trial court’s appreciation of aggravating circumstances. Nighttime was not aggravating as it was not deliberately sought to facilitate the crime. Dwelling could not be appreciated since both parties lived in the same house. Only abuse of confidence, due to the housemaid-employer relationship, was properly considered as aggravating. With one aggravating circumstance and no mitigating circumstance, the penalty would be imposable in its maximum period (death). However, for lack of the necessary concurring votes, the penalty was reduced to reclusion perpetua. The Court also ordered Morales to indemnify the victim in the amount of P12,000.00.