G.R. Nos. 138662-63; November 4, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. ROBERTO MADERA Y AGRAVANTE, appellant.

FACTS

The appellant, Roberto Madera, was charged with two counts of incestuous rape against his then 14-year-old daughter, Jonalyn. The first incident allegedly occurred on May 8, 1998, at around 8:00 p.m. in their home in Milaor, Camarines Sur. After drinking, Madera summoned Jonalyn to his bedroom, forced her to massage him, and then proceeded to have carnal knowledge with her, threatening to kill the entire family if she shouted. The second incident allegedly transpired on June 1, 1998, at around 3:00 p.m., while the victim’s mother was away and her siblings were playing nearby. Madera again had sexual intercourse with Jonalyn under the same threat of death. The victim’s pregnancy, confirmed by a medical examination on September 28, 1998, and her subsequent childbirth on December 25, 1998, corroborated the allegations.
The defense presented a denial and alibi. Madera claimed he was cooking for a fiesta on May 8 and was at a dance hall later that evening, not seeing Jonalyn there. For June 1, he asserted he was harrowing a field the entire day, only returning home at 6:00 p.m. He suggested the charges were fabricated due to marital discord and his suspicion that Jonalyn had a boyfriend. The Regional Trial Court convicted Madera of two counts of qualified rape and imposed the death penalty for each count.

ISSUE

Whether the guilt of the accused-appellant for two counts of qualified rape was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of the victim’s credibility, which is accorded great weight and respect on appeal. The victim’s detailed, candid, and consistent narration of the two traumatic events, including the specific threats of death that instilled fear and prevented her from resisting or immediately reporting, was found credible and sufficient to establish the elements of rape through force and intimidation. The defense of denial and alibi cannot prevail over the positive identification by the credible victim. Alibi is inherently weak and was not substantiated by clear and convincing evidence showing the physical impossibility for Madera to have been at the crime scene.
The Court found the qualifying circumstance of relationship—that the offender is the father of the victim—to be duly alleged in the informations and proven during trial, thus warranting the penalty for qualified rape. However, the Court modified the awards for civil liability. The decision of the trial court was affirmed with modification to the damages, awarding P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P25,000.00 as exemplary damages for each count of rape. The death penalty was affirmed, in accordance with Republic Act No. 7659 .