People v. Aparejado
REITERATIONFacts
The Antecedents: The victim, nine-year-old Gina Aparejado, was allegedly sexually abused by her father, Francisco Aparejado. The abuse came to light when Violeta Aparejado, another daughter and ward of the DSWD, revealed her own molestation by the accused and expressed concern for her younger sisters, Gina and Evelyn. A social investigation corroborated the allegations regarding Gina. Gina herself confirmed the repeated sexual abuse by her father, detailing an incident where he forced intercourse upon her and threatened her afterward. A medical examination of Gina revealed multiple healed lacerations of the hymen and the presence of dead spermatozoa in her vagina. Procedural History: An Information for rape was filed against Francisco Aparejado. An amended Information was later filed to specify the approximate date of the offense and the victim's age, which the accused did not object to. The trial court denied the accused's motion for mental examination, stating it would reconsider if evidence of mental disorder emerged during the presentation of the accused's evidence. The accused ultimately manifested that he would not present evidence. The trial court found the accused guilty of qualified rape and imposed the death penalty. The Petition: The accused appealed his conviction, primarily assailing the sufficiency of the evidence and the admission of the amended Information.
Issue(s)
Whether the trial court gravely erred in finding the accused-appellant guilty beyond reasonable doubt of the crime of rape. Whether the trial court gravely erred in admitting the amended Information in the case at bar, and whether the imposition of the death penalty and the award of damages were justified.
Ruling
The Supreme Court affirmed the conviction of the accused for simple rape but modified the penalty from death to reclusion perpetua. The Court also modified the award of damages. The conviction under the amended Information was upheld, with the Court ruling that objections to the Information were waived by the accused's failure to raise them during trial.
Ratio Decidendi
On the issue of guilt beyond reasonable doubt: The Court found that the fact of sexual abuse was clearly established by the prosecution. Gina's categorical statement, her identification of the appellant in court without hesitation, and the inherent improbability of a nine-year-old child fabricating such a serious charge against her father, especially considering cultural norms of reverence for elders, lent credence to her testimony. The Court also noted the appellant's failure to present any evidence to prove his alleged innocence, making his belated effort to assail the victim's credibility appear pathetic. The medical findings corroborated Gina's account of sexual assault. On the admission of the amended Information, the imposition of the death penalty, and the award of damages: The Court ruled that the appellant was validly tried under the amended Information because he did not raise any objection to the amendments either before or during his trial, and in fact, participated in the proceedings. Regarding the death penalty, the Court held that while the guilt of the appellant was proved beyond reasonable doubt, the imposition of the death penalty was unjustified because the prosecution failed to present competent evidence to prove Gina's minority. Therefore, the appellant could not be convicted of qualified rape under the amended Information, and the death penalty had to be reduced to reclusion perpetua. The Court modified the trial court's award of civil indemnity to P50,000.00, awarded P50,000.00 for moral damages, and P25,000.00 as exemplary damages.
Main Doctrine
The minority of the rape victim and the relationship of the offender as a parent must be both alleged in the Information and proved beyond reasonable doubt by competent evidence to justify the imposition of the death penalty under R.A. 7659. The victim's testimony alone is insufficient for this purpose. Objections to the form or substance of an Information are deemed waived if not raised before or during trial.