765 Phil. 368
VILLARAMA, JR., J.:
That on or about the 14th day of May, 1995 at Sitio [XXX], Brgy. [YYY], in the municipality of Subic, Province of Zambales, Philippines, and within the jurisdiction of this Honorable Court, the said accused, being the uncle of minor [AAA[4]], by means of force, intimidation and threats, did then and there willfully, unlawfully and feloniously have carnal knowledge of said [AAA], a girl of 13 years old, against her will and consent, to the damage and prejudice of the latter.
CONTRARY TO LAW.
At the time of the incidents complained of, private complainant AAA, the niece of accused-appellant Galvez, was thirteen (13) years old.
On several occasions during the summer vacation of 1995, complainant AAA stayed at the house of her father’s brother, accused-appellant Galvez, at Sitio [XXX], Barangay [YYY], Subic, Zambales, to keep company accused-appellant’s wife.
On several days, such as on May 14, 15, 16 and 18, 1995, when accused-appellant’s wife was not in the house, accused-appellant Galvez removed AAA’s clothes and underwear, went on top of AAA, forced himself on AAA, and had sexual intercourse with her. Private complainant could not do anything.
Afterwards, AAA was able to leave accused-appellant’s house and go to her house. There, AAA told her father what had happened to her. AAA’s father brought her to the Subic Police Station, where she gave a Sworn Statement [about the alleged incidents of rape]. Afterwards, AAA’s father brought her to the San Marcelino District Hospital, where AAA was examined by Dra. Echaluse.
The Medico-legal Certificate issued by Dra. Echaluse revealed the following:“DIAGNOSIS/ FINDINGS:On the other hand, the defense presented the lone testimony of accused-appellant Galvez, in order to establish the following:
- Old Hymenal tears on the 3:00, 6:00, 9:00 o’clock position.
- (-) Negative smear for spermatozoa.
- Cervix- Pink, firm with whitish discharge.
- No hematoma, echymosis, abrasion.
- No menarche.” (Emphasis supplied)
Upon his brother’s request, accused-appellant Galvez allowed his thirteen (13) year old niece, private complainant AAA, to stay in his house. According to accused-appellant, no unusual incidents occurred from May 14 to 16 and May 18, 1995 while AAA was at his house. Accused-appellant Galvez denied AAA’s accusation that he had sexual intercourse with her. According to accused-appellant, it was his brother, the father of AAA, who molested AAA. Accused-appellant Galvez added that, on May 18, 1995, he went to his brother’s house. There, accused-appellant Galvez saw AAA’s mother, who was mute, standing at the door of her house. Private complainant AAA’s mother, using her two (2) index fingers, demonstrated the acts of embracing and kissing. Accused-appellant Galvez then confronted his brother about the gestures made by AAA’s mother. However, accused-appellant’s brother ran away. Accused-appellant Galvez ran after his brother and told him, “Baboy[,] pati anak mo inaasawa mo”.
Afterwards, when accused-appellant Galvez was unable to catch his brother, accused-appellant went back and told the incident to accused-appellant’s mother-in-law.
Accused-appellant Galvez only came to know of the charges of Rape and violation of Sec. 5 (b), Art. III, R.A. 7610 against him when he was arrested by the barangay officials.
Subsequently, four (4) sets of Information for the crime of Rape under the Revised Penal Code, and another four (4) sets of Information for violation of Sec. 5 (b), Art. III, R.A. No. 7610, otherwise known as “Special Protection of Children Against Abuse, Exploitation and Discrimination Act” were filed against accused-appellant Galvez.
Accused-appellant pleaded “NOT GUILTY” to all charges.
WHEREFORE, in the light of the foregoing, accused is hereby found GUILTY for four (4) counts of sexual abuse under RA 7610 and sentenced to suffer the penalty of reclusion temporal medium to reclusion perpetua for each act; and four (4) counts of rape under the Revised Penal Code and sentenced to suffer the penalty of reclusion perpetua for each act.
SO DECIDED.[7]
WHEREFORE, the Decision of the trial court is AFFIRMED, with the following MODIFICATIONS:
a.) Accused-appellant is CONVICTED of four (4) counts of Qualified Rape under the Revised Penal Code in Criminal Case Nos. 228-95, 229-95, 230-95, and 231-95;
b.) Accused-appellant is to suffer the penalty of Reclusion Perpetua, for each count of Qualified Rape;
c.) Accused-appellant is to pay private complainant AAA the amount of Php 75,000.00 as Moral Damages, for each count of Qualified Rape;
d.) Accused-appellant is to pay private complainant AAA the amount of Php 30,000.00 as Exemplary Damages, for each count of Qualified Rape; and,
e.) Accused-appellant is to pay private complainant AAA the amount of Php 75,000.00 as Civil Indemnity, for each count of Qualified Rape.
SO ORDERED.[11]
ART. 335. When and how rape is committed. – Rape is committed by having carnal knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age or is demented.
The crime of rape shall be punished by reclusion perpetua.
x x x x
The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:
1. when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, 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[16]
[TSN, December 13, 1995]This Court agrees with the lower courts that carnal knowledge was proved. We disagree with accused-appellant that the prosecution failed to prove rape because the testimony of AAA was not detailed.[21] In People v. Salvador,[22] we held that the credible testimony of the victim narrating that she was defiled, such as the testimony of AAA in this case, is sufficient for a conviction of rape, to wit:
x x x x
FISCAL: Q And you stayed [at the accused’s house] on May 14, 1995 and while you were there do you know of any unusual incident that happened between you and [the accused]? A Yes, sir. Q Would you please tell this Honorable Court [w]hat was that unusual incident that happened between you and [the accused] on May 14, 1995 while you stayed with him? A He removed my clothes and then my under wear then he went on top of me. x x x x A He had sexual intercourse with me, sir.[18] x x x x Q The following day on May 15, 1995[,] were you in the house of Idring or the accused Enrique Galvez? A Yes, sir. Q Was there any unusual incident that happened between you [and the accused] on May 15, 1995? A Yes, sir. Q Could you tell us what was that unusual incident that happened between you and the accused on May 15, 1995[?] A He did the same thing to me sir, he again undressed me, I was naked. COURT: Q And after you were undressed? A He again went on top of me ma’am. Q And? A None, your Honor. He again had a sexual intercourse with me. x x x x FISCAL: Q How about on May 16, 1995 were you still in the house of [the accused]? A Yes, sir. Q And do you recall of any unusual incident that took place between you [and the accused] on the same date? A Yes, sir. Q What was that unusual incident that happened between you and [the accused on May 16, 1995]? A The same thing, sir.[19]
[TSN, April 27, 1998]
FISCAL: Q While in the house of the accused on May 18, 1995, do you recall of any unusual incident that happened to you? A Yes, sir. Q What was that unusual incident that happened to you inside the house of the accused on May 18, 1995 at around 12:00 noon? A [The accused] undressed me and thereafter he had sexual intercourse with me. x x x x Q And after he removed your clothes, what did the accused do if any? A He went on top of me. Q And when he was already on top of you, what did the accused do? A He had sexual relation with me.[20]
x x x [W]hen a victim of rape says that she was defiled, she says in effect all that is necessary to show that rape has been inflicted on her, and so long as her testimony meets the test of credibility, the accused may be convicted on the basis thereof. This is a basic rule, founded on reason and experience and becomes even more apparent when the victim is a minor. In fact, more compelling is the application of this doctrine when the culprit is her close relative.[23] (Citations omitted; emphasis supplied)
- 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.
- 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.
- 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.
- 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.
- 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.
x x x Given the doubt as to AAA’s exact age, the RTC properly convicted Ortega only of simple rape punishable by reclusion perpetua.
In People v. Alvarado,[50] we did not apply the death penalty because the victim’s age was not satisfactorily established, thus:“We agree, however, that accused-appellant should not have been meted the death penalty on the ground that the age of complainant was not proven beyond reasonable doubt. The information alleged that, on July 26, 1997, the date of the rape, Arlene was 14 years old. In her testimony, Arlene stated that she was 14 years old at the time of the incident. Accused-appellant confirmed this during the presentation of the defense evidence, but Lonelisa Alvarado, complainant’s mother, testified that Arlene was born on November 23, 1983, which would mean she was only 13 years old on the date of the commission of the crime. No other evidence was ever presented, such as her certificate of live birth or any other document, to prove Arlene’s exact age at the time of the crime. As minority is a qualifying circumstance, it must be proved with equal certainty and clearness as the crime itself. There must be independent evidence proving the age of the victim, other than the testimonies of the prosecution witnesses and the absence of denial by accused-appellant. Since there is doubt as to Arlene’s exact age, accused-appellant must be held guilty of simple rape only and sentenced to reclusion perpetua.”We further stressed in People v. Villarama[51] that:
x x x x“Court decisions on the rape of minors invariably state that, in order to justify the imposition of the death penalty, there must be independent evidence showing the age of the victim. Testimonies on the victim’s age given by the prosecution witnesses or the lack of denial of the accused or even his admission thereof on the witness stand [are] not sufficient. This Court has held that, to justify the imposition of the death penalty for rape committed against a child below 7, the minority of the victim must be proved with equal certainty and clarity as the crime itself. The failure to sufficiently establish the victim’s age with factual certainty and beyond reasonable doubt is fatal and consequently bars conviction for rape in its qualified form.” (Emphasis and underscoring supplied)
It is well-settled that this attendant circumstance, as well as the other circumstances introduced by Republic Act Nos. 7659 and 8493 are in the nature of qualifying circumstances. These attendant circumstances are not ordinary aggravating circumstances which merely increase the period of the penalty. Rather, these are special qualifying circumstances which must be specifically pleaded or alleged with certainty in the information; otherwise, the death penalty cannot be imposed.
In this regard, we have previously held that if the offender is merely a relation – not a parent, ascendant, step-parent, or guardian or common-law spouse of the mother of the victim – it must be alleged in the information that he is “a relative by consanguinity or affinity (as the case may be) within the third civil degree.” Thus, in the instant case, the allegation that accused-appellant is the uncle of private complainant is not specific enough to satisfy the special qualifying circumstance of relationship. The relationship by consanguinity or affinity between appellant and complainant was not alleged in the information in this case. Even if it were so alleged, it was still necessary to specifically allege that such relationship was within the third civil degree. (Citations omitted; emphasis and underscoring supplied)