G.R. No. 120630 - People vs. Marcelo Palermo y Carias

Marcelo C. Palermo was charged with the crime of rape for having forcibly had carnal knowledge of his 14-year-old daughter, Merly Palermo y Mandac.
The rape allegedly occurred on the night of April 2, 1994, at their family hut in Barangay Nangka II, Municipality of Mogpog, Marinduque.
Marcelo was previously convicted for rape on August 31, 1994.

On the night of the incident, Marcelo ordered Merly to sleep on a mat he spread, away from her siblings.
Merly resisted when Marcelo began removing her shorts and panty, crying and boxing him.
Marcelo punched her in the abdomen, causing her to lose consciousness.
Upon regaining consciousness, Merly found herself beside her siblings; her vagina was aching and her panty stained with blood.
Marcelo threatened to kill Merly if she reported the incident.
Merly was repeatedly raped about ten more times until she suffered a miscarriage and was hospitalized on June 17, 1994.

Merly executed a sworn complaint before the Philippine National Police on June 23, 1994.
Marcelo pleaded not guilty upon arraignment but confessed guilt during trial, testifying that he raped his daughter while drunk.
The defense rested after his confession and requested his admission be considered as a mitigating circumstance.
The trial court convicted Marcelo of rape and sentenced him to death, citing aggravating circumstances including recidivism and abuse of confidence.
No moral damages were awarded by the trial court due to the absence of a declaration for such.

Whether Marcelo Palermo's confession of guilt during trial constitutes a mitigating circumstance warranting reduction of the death penalty to reclusion perpetua.
Whether the trial court erred in not awarding moral damages to the victim despite evidence of physical and psychological harm.
Whether the imposition of the death penalty was proper under the circumstances.