GR 174474; (May, 2007) (Digest)
G.R. No. 174474 , May 28, 2007
People of the Philippines vs. Leodegario G. Gregorio, Jr.
FACTS
The accused-appellant, Leodegario G. Gregorio, Jr., was charged with two counts of rape committed against his daughter, AAA. The first incident allegedly occurred on September 18, 1998, when AAA was 12 years old, in Pilar, Bataan. AAA testified that she awoke to find her father fondling her, and despite her resistance and pleas, he threatened her and succeeded in having carnal knowledge. The second incident allegedly occurred on July 27, 2000, in Bagac, Bataan, when AAA was 14. She stated her father again forced himself on her, covering her face and punching her thighs to subdue her. After the second incident, AAA fled and eventually disclosed the assaults. The Regional Trial Court convicted Gregorio of two counts of rape and initially imposed the death penalty, which was modified on automatic review.
ISSUE
The core issue is whether the prosecution proved the guilt of the accused-appellant for two counts of rape beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found AAA’s testimony credible, straightforward, and consistent. It held that in rape cases, the victim’s testimony, if credible, is sufficient to sustain a conviction. The Court noted the natural reluctance of a daughter to accuse her father of such a grave crime, lending credence to her account. The defense of denial and alibi presented by the appellant was deemed weak and uncorroborated. However, the Court ruled that the qualifying circumstance of minority and relationship, which would warrant the death penalty under the law at the time, was not properly alleged in the Informations. The Informations stated AAA’s age and the father-daughter relationship but did not expressly allege that the rape was committed by a parent, which is essential for qualifying the offense. Consequently, the crime was simple rape, punishable by reclusion perpetua. The Court affirmed the awards of civil indemnity, moral damages, and exemplary damages for each count.