Facts:

The case involves Virgilio Romero, the accused-appellant, who was found guilty of two counts of rape against his step-granddaughter, Marilou Romero. The incidents occurred in April 1996 in Barangay Apad, Polangui, Albay, Philippines. The Regional Trial Court of Ligao, Albay, Branch 13, rendered its decision on December 17, 1998, sentencing Romero to death for each count of rape under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659. The prosecution's case was based on two separate informations filed on September 12, 1997, alleging that Romero had carnal knowledge of Marilou against her will. The first incident was reported to have occurred at around 10:00 AM, and the second at 1:00 PM on the same day.

Marilou, who was 15 years old at the time of the trial, testified that she had been living with Romero and his common-law wife, Flora, since she was one year old. She recounted that the first rape occurred when she was ten years old in Batangas, ...

Facts:

Background of the Case

• The case involves two counts of rape committed by Virgilio Romero against his stepgranddaughter, Marilou Romero. The incidents occurred in April 1996 in Barangay Apad, Polangui, Albay. Marilou was 13 years old at the time of the rapes.

First Incident of Rape

• The first rape occurred at around 10:00 A.M. in April 1996. Marilou testified that Virgilio took her to a ricefield under the pretense of harvesting kangkong. He then forced her to undress, threatened to kill her, and raped her. After the act, Marilou informed her grandmother, Flora Romero, who did not believe her and instead scolded her.

Second Incident of Rape

• The second rape occurred on the same day at around 1:00 P.M. in the same location. Virgilio again took Marilou to the ricefield, this time under the guise of harvesting palay. After completing the task, he raped her again. Marilou reported the incident to her grandmother, who again dismissed her claims.

Reporting the Crime

• In March 1997, Marilou reported the rapes to Barangay Chairman Rodolfo Sameniano, who accompanied her to the police and a doctor for a medical examination. The medical examination revealed old hymenal lacerations consistent with prior sexual intercourse.

Defense of Alibi

• Virgilio Romero denied the allegations, claiming he was in Polangui at the time of the alleged rapes and only returned to Batangas in May 1996. He suggested that Marilou fabricated the charges due to her grandmother's physical abuse and her mother's desire to take her back to work as a housemaid.

Trial Court Decision

• The Regional Trial Court found Virgilio Romero guilty beyond reasonable doubt of two counts of qualified rape and sentenced him to death for each count. The court also ordered him to pay Marilou P100,000 in civil indemnity.

Issue:

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Ruling:

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Ratio:

1. Credibility of Witnesses: The Court upheld the credibility of Marilou Romero's testimony, noting that minor inconsistencies in her statements did not detract from the overall credibility of her account. The Court emphasized that the trial judge, who observed the witnesses firsthand, is in the best position to assess their credibility.
2. Qualification of Rape: The Court ruled that the death penalty could not be imposed because the information did not allege the victim's minority, a necessary element for qualified rape under Article 335 of the Revised Penal Code, as amended by R.A. No. 7659. Additionally, the relationship between Virgilio and Marilou did not qualify as a stepgrandfather-stepgranddaughter relationship under the law, as Virgilio was merely the common-law husband of Marilou's grandmother.
3. Damages: The Court affirmed the award of P100,000 as civil indemnity and added P100,000 as moral damages, recognizing the trauma and suffering endured by the victim.

Conclusion:

• The Supreme Court modified the trial court's decision, sentencing Virgilio Romero to reclusion perpetua for each count of rape and ordering him to pay P100,000 in civil indemnity and P100,000 in moral damages.