G.R. Nos. 139187-94. November 27, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RICARDO SOLMORO, JR., accused-appellant.

FACTS

Ricardo Solmoro, Jr. was convicted by the trial court of seven counts of rape and one count of acts of lasciviousness against his granddaughter, Maricar Solmoro, and was sentenced to death for each rape count. The case is before the Supreme Court on automatic review. The victim, Maricar, was fourteen years old at the time of her testimony. She recounted that she lived with her grandparents in a one-room shanty. The first rape occurred on October 3, 1995, when the accused poked a bolo at her neck, forcibly undressed her, and inserted his penis into her vagina. She did not report the incident due to threats. Subsequent rapes occurred on various dates, including October 20, 1996; December 27, 1996; December 28, 1996; February 3, 1997; February 4, 1997; and March 7, 1997. Maricar repeatedly escaped to her mother’s house but was brought back by her grandmother or father. She finally disclosed the abuses to her mother on May 25, 1997. A medical examination revealed old vaginal lacerations. The accused denied the allegations, presenting alibis and claiming the complaint was fabricated because he caught Maricar stealing. His wife and son corroborated his alibis. The trial court found Maricar’s testimony credible and convicted the accused.

ISSUE

Whether the conviction of Ricardo Solmoro, Jr. for seven counts of rape and one count of acts of lasciviousness should be affirmed.

RULING

The Supreme Court AFFIRMED the conviction but MODIFIED the penalties and damages. The Court found the testimony of the victim, Maricar Solmoro, to be credible, straightforward, and consistent. The defense of alibi was rejected as it could not prevail over positive identification. The Court agreed with the trial court’s findings on the commission of the crimes. However, the Court ruled that the crimes constituted seven counts of simple rape, not qualified rape punishable by death, because the information did not allege the victim’s minority (below 18 years old) and her relationship to the accused as qualifying circumstances. The accused was sentenced to reclusion perpetua for each count of rape. He was also found guilty of acts of lasciviousness and sentenced under the Indeterminate Sentence Law. The accused was ordered to pay civil indemnity, moral damages, and exemplary damages for each count.