Philippine Supreme Court Resolutions

G.R. No. 189809 - (People of the Philippines v. Ariel Belen y  Gibaga).- We resolve the appeal, filed by accused Ariel Belen y Gibaga (appellant), from the August 12, 2009 decision of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 03122.^[1]

The RTC Ruling 

In its September 20, 2007 judgment,^[2] the Regional Trial Court (RTC) of Quezon City, Branch 94, convicted the appellant of rape^[3]  committed against his 12-year old daughter, AAA,^[4] on December 29, 2002. It gave credence to AAA's testimony, which it found to be straightforward and consistent. It rejected the appellant's defense of denial for being weak and unconvincing. The RTC sentenced the appellant to suffer the penalty of reclusion perpetua and ordered him to pay AAA P75,000.00 as civil indemnity, P50,000.00 as moral damages, and P10,000.00 as exemplary damages.

The CA Ruling 

On intermediate appellate review, the CA affirmed the RTC's appreciation of AAA's straightforward testimony pointing to the appellant as her rapist, corroborated by the medico-legal report of AAA's non-virgin state. In rejecting the appellant's argument that the rape charge was fabricated because AAA did not immediately report the rape, the CA attributed the delay to the appellant's threat to kill AAA's family. The CA found that AAA's minority and her relationship to the appellant were alleged in the Information and proven in court, warranting the imposition of the death penalty. However, pursuant to RA 9346,^[5] the CA sentenced the appellant to suffer the penalty of reclusion perpetua without eligibility for parole. The CA increased to P25,000.00 the exemplary damages awarded to AAA.^[6] 

We now rule on the final review of the case.

Our Ruling 

We deny the appeal, but modify the awarded indemnities. 

After a careful review of the records of the case, we see no reason to reverse or modify the findings of the RTC on the credibility of AAA's testimony, more so in the present case where the said findings have been affirmed by the CA. The qualifying circumstances of age and relationship were properly alleged in the Information and duly proved at the trial. The appellant admitted at the pre-trial that AAA is a minor and he is AAA's father.^[7] The prosecution also submitted AAA's Certificate of Live Birth and Baptismal Certificate.^[8]

Under Article 266-B of the Revised Penal Code,^[9] the crime of rape committed by the appellant against his own minor daughter is punished with the death penalty. Since the imposition of the death penalty has been prohibited by RA 9346, the CA correctly imposed the penalty of reclusion perpetua without eligibility for parole.

While we affirm the CA's factual findings and the imprisonment imposed, we find it necessary to increase to P75,000.00 and P30,000.00 the amounts of moral and exemplary damages, respectively, awarded to AAA to conform with prevailing jurisprudence.^[10]

WHEREFORE, the August 12, 2009 decision of the Court of Appeals in CA-G.R. CR-H.C. No. 03122 is hereby AFFIRMED  with MODIFICATION. Appellant Ariel Belen y Gibaga is found guilty beyond reasonable doubt of the crime of Rape and sentenced to suffer the penalty of reclusion perpetua without eligibility for parole. He is ordered to pay AAA P75,000 as civil indemnity, P75,000 as moral damages, and P30,000 as exemplary damages. Perez, J., on leave; Peralta, J., designated additional member per S.O. No. 1062.

SO ORDERED. 

Very truly yours,

(Sgd.) MA. LUISA L. LAUREA
Clerk of Court

Endnotes:

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^[1] Penned by Associate Justice Juan Q. Enriquez, Jr., and concurred in by Associate Justices Celia C. Librea-Leagogo and Antonio L. Villamor; rollo, pp. 2-14.

^[2] Docketed as Criminal Case No. Q-03-114542; CA rollo, pp. 6-10. 

^[3] See REVISED PENAL CODE, Article 266-A, in relation to Section 5 of RA 7610, "An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, and for Other Purposes." 

^[4] The real name of the rape victim is withheld and, instead, fictitious initials are used to represent her. (People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419.) 

^[5] The Anti-Death Penalty Law which took effect on June 30, 2006. 

^[6] Supra note 1. 

^[7] Id. at 3-4. 

^[8] Exhibits "F" and "G", original records, pp. 98-99. 

^[9] As amended by RA 8353, the Anti-Rape Law of 1997, which took effect on October 22, 1997. 

^[10] People of the Philippines v. Felipe Nachor y Omayan, G.R. No. 177779, December 14, 2010; and People of the Philippines v. Wenceslao Deri y Benitez,  G.R. No. 166566, November 23, 2010.