623 Phil. 437
DEL CASTILLO, J.:
Crim. Case No. 3169-C:
That on or about the evening of the 21st day of November 1998, at Barangay _____________, Municipality of Lopez, Province of Quezon, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, an uncle and a relative by consanguinity within the third civil degree of one "Maria", with lewd design, by means of force, threats and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of said "Maria" , a minor, 12 years of age against her will.
Contrary to law.[2]
Crim. Case No. 3170-C:
That on or about the 21st day of November, 1998 at around 8:00 o'clock in the morning, at Barangay ___________, Municipality of Lopez, Province of Quezon, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, an uncle and a relative by consanguinity within the third civil degree of one "Maria", armed with an ice-pick, with lewd design, by means of force, threats and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of one "Maria", a minor, 12 years of age against her will.
Contrary to law.[3]
This Court painstakingly scrutinized with great caution the testimony of private complainant x x x and found the same to be clear, straightforward, credible and convincing. At the time when the rape incidents happened [on] November 21, 1998, the victim x x x was, as alleged by the prosecution, just a twelve (12) years old barrio lass living in the house of her paternal grandparents in Barangay x x x, Quezon. It was in the said house where she was forcibly deflowered by her uncle Reynaldo Albalate, Jr. on two separate incidents that transpired on that fateful day of November 21, 1998. "Maria" candidly testified that in the morning of the said day while she was alone in the house of her grandparents, the accused Reynaldo Albalate, Jr. armed with an ice pick forcibly removed her dress and placed himself on top of her. Afterwards, Reynaldo Albalate, Jr. inserted his penis in her private part and at the same time kissed and warned her that if she will tell x x x anybody what he had done to her, he will kill her x x x. She added that on the evening of the same day (November 21, 1998) the accused Reynaldo Albalate, Jr. first boxed her, then undressed her and once again put himself on top of her and proceeded to rape her. "Maria" reported the rape incidents to her grandmother x x x who is also the mother of the accused x x x but her grandmother told her that she x x x was lying x x x. When asked by the Court x x x whether she offered resistance when she was raped by the accused x x x, the victim x x x averred that "nagpapalag po ako" x x x. In the course of the cross-examination conducted by the defense counsel, the victim x x x even disclosed that when she was raped by the accused x x x in the morning of November 21, 1998, she was alone in her grandmother's house because she told her cousin Ruel x x x to tend [to] the carabao. She added that when her cousin Ruel came back, the latter saw that she was being raped by the accused x x x. She also categorically testified that when the accused proceeded to rape her, there was bleeding in her vagina and she was hurt. When she urinated, it was very painful. She pointed out that the subject rape incident was her first sexual experience x x x.
On the other hand, the accused in order to exculpate himself from the crime charged in the two Informations interposed the defense of denial and alibi. Accused x x x denied that he twice raped the victim x x x at about 8:00 o'clock in the morning and about 9:00 o'clock in the evening of November 21, 1998 x x x. He also claimed that the parents of the victim x x x were mad at him that is why they filed the instant cases against him. Reynaldo explained that when they were young, the victim's father was angry with him because of the sharing of copras in their farm. One day, they had a fight and "Maria's" father chased and boxed him so he boxed the former. [The other defense witness, Florentina Escleto, tried to bolster the alleged innocence of the accused of the crimes.] The said witness tried to establish the defense of alibi in favor of the accused x x x. She testified that when the subject incidents of rape happened on November 21, 1998 at Barangay x x x, Quezon, the accused x x x was with her and her son making copra at Barangay Ilayang Ilog-B, Lopez, Quezon. She added that accused x x x arrived at Brgy. Ilayang Ilog-B on November 18, 1998 and only left said Barangay at the end of the month of November 1998 x x x. This Court carefully scrutinized and weighed the defense of denial and alibi proffered by the accused and was not persuaded by the same. The denial and alibi of the accused deserve scant consideration. x x x
In the case at bar, accused x x x was positively identified in a straightforward and categorical manner by the victim x x x as the defiler of her womanhood on two occasions on x x x November 21, 1998. Thus, the denial and alibi interposed by the accused wilted and crumbled in the face of such positive identification. It is also quite interesting x x x that when the accused x x x testified in open court x x x, he only advanced the defense of flat denial. He never mentioned x x x that when the alleged rape incidents happened on November 21, 1998 x x x he was at Brgy. Ilayang Ilog-B, Lopez, Quezon helping Florentina Escleto and her son in making copra. It was only when Florentina Escleto testified x x x that the evidence of alibi cropped up. No other witnesses were presented by the defense to bolster the alibi. Even the son of Florentina Escleto who she claimed was with her and accused x x x in making copra at Brgy. Ilayang Ilog-B, Lopez, Quezon on November 21, 1998 was not presented to shore up the defense of alibi. Thus, it is not hard for this Court to discern that the accused's defenses of denial and alibi were mere concoction, undeserving of any evidentiary weight and value.
It is also [worth noting] that the accused x x x tried to impute ill-motive on the part of the victim x x x and her parents for filing the instant cases against him. He claimed that the parents of the victim particularly the victim's father was mad at him because when they were still young, they had a fight wherein he hacked the former. However, the said allegation of the accused was not fully substantiated by any other evidence that would clearly show the alleged ill-motive on the part of the complainant and her parents. Further, to the mind of this Court, it is inconceivable that the victim x x x and her parents would concoct a story of rape over such alleged quarrel between the victim's father and the accused and thus subject "Maria" to public humiliation and shame. x x x.[5]
x x x x
Again, it is worth repeating that this Court found the testimony of private complainant x x x to be clear, straightforward and convincing thus, worthy of credence. She categorically testified that accused x x x through force and intimidation ha[d] carnal knowledge of her against her will on two separate occasions that occurred in the morning and in the evening of November 21, 1998 x x x.[6]
WHEREFORE, in view of all the foregoing considerations, this Court hereby finds accused Reynaldo Albalate, Jr. GUILTY beyond reasonable doubt of the crime of RAPE both in Criminal Case No. 3169-C and Criminal Case No. 3170-C and hereby sentences said accused to suffer the penalty of RECLUSION PERPETUA in both cases and to pay the private offended party "Maria" the amount of FIFTY THOUSAND PESOS (P50,000.00) as civil indemnity plus the amount of FIFTY THOUSAND PESOS (P50,000.00) as moral damages in each case.
The accused is to be credited [for] his preventive imprisonment if proper and any pursuant to the provision of Article 29 of the Revised Penal Code as amended by R.A. 6127 and E.O. 214.
SO ORDERED.[8]
With respect to the propriety of the penalty imposed, the Court agrees with the finding of the RTC that there is no concurrence of the aggravating circumstances of the victim's minority and her relationship to the accused-appellant which would warrant the imposition of the death penalty. Hence, accused-appellant was properly meted the penalty of reclusion perpetua in Criminal Case No. 3169-C. On the other hand, the Court noted that the rape under Criminal Case No. 3170-C was committed with the use of an ice pick, which is a deadly weapon. Article 335 of the Revised Penal Code provides that "whenever the rape is committed with the use of a deadly weapon x x x, the penalty shall be reclusion perpetua to death". In relation thereto, Article 63 of the same Code prescribes that when a penalty is composed of two (2) indivisible penalties, and there are neither mitigating nor aggravating circumstances in the commission of the deed, as in this case, the lesser penalty shall be applied. Accordingly, no reversible error was likewise committed by the RTC in imposing the penalty of reclusion perpetua against accused-appellant in the latter case.[11]
This Court painstakingly scrutinized with great caution the testimony of private complainant "Maria" in the cases at bar and found the same to be clear, straightforward, credible and convincing.[15] x x x.
x x x x
Again, it is worth repeating that this Court found the testimony of private complainant "Maria" to be clear, straightforward and convincing thus, worthy of credence. She categorically testified that accused Reynaldo Albalate, Jr. through force and intimidation ha[d] carnal knowledge of her against her will on two separate incidents that occurred in the morning and in the evening of November 21, 1998 x x x.[16]
x x x there must be independent evidence proving the age of the victim, other than the testimonies of prosecution witnesses and the absence of denial by the accused. x x x
In the prosecution of criminal cases, especially those involving the extreme penalty of death, nothing but proof beyond reasonable doubt of every fact necessary to constitute the crime with which an accused is charged must be established. Qualifying circumstances or special qualifying circumstances must be proved with equal certainty and clearness as the crime itself; otherwise, there can be no conviction of the crime in its qualified form. As a qualifying circumstance of the crime of rape, the concurrence of the victim's minority and her relationship to the accused-appellant must be both alleged and proven beyond reasonable doubt.[22]
1. The best evidence to prove the age of the offended party is an original or certified true copy of the certificate of live birth of such party.
2. In the absence of a certificate of live birth, similar authentic documents such as baptismal certificate and school records which show the date of birth of the victim would suffice to prove age.
3. If the certificate of live birth or authentic document is shown to have been lost or destroyed or otherwise unavailable, the testimony, if clear and credible, of the victim's mother or a member of the family either by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the offended party pursuant to Section 40, Rule 130 of the Rules on Evidence shall be sufficient under the following circumstances:
- If the victim is alleged to be below 3 years of age and what is sought to be proved is that she is less than 7 years old;
- If the victim is alleged to be below 7 years of age and what is sought to be proved is that she is less than 12 years old;
- If the victim is alleged to be below 12 years of age and what is sought to be proved is that she is less than 18 years old.
4. In the absence of a certificate of live birth, authentic document or the testimony of the victim's mother or relatives concerning the victim's age, the complainant's testimony will suffice provided that it is expressly and clearly admitted by the accused.
5. It is the prosecution that has the burden of proving the age of the offended party. The failure of the accused to object to the testimonial evidence regarding age shall not be taken against him.
6. The trial court should always make a categorical finding as to the age of the victim.
ART. 266-A. Rape, When and How Committed. - Rape is committed -
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:a) Through force, threat or intimidation;
b) When the offended party is deprived of reason or is otherwise unconscious;
c) By means of fraudulent machinations or grave abuse of authority;
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned should be present;x x x x
ART. 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
x x x x
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim.
x x x x.