G.R. No. 179031 - People vs. Soria y Gomez

The Regional Trial Court (RTC), Quezon City Branch 94, convicted Benjamin Soria y Gomez (“appellant”) of rape, sentenced him to death, and awarded P75,000 civil indemnity, P50,000 moral damages, and P25,000 exemplary damages.
On appeal, the Court of Appeals (CA) affirmed the conviction but modified it to simple rape with reclusion perpetua and reduced civil indemnity to P50,000.
Appellant elevated the case to the Supreme Court, assigning errors on guilt and penalty.

On February 26, 2000 in Quezon City, appellant brought home spaghetti for merienda. After his daughter (“aAAAa,” age 7) ate, she lay down in her bedroom. Appellant allegedly entered, removed her clothes, and inserted his penis into her vagina against her will.
The victim felt intense pain in her breasts, stomach, and genital area; her vagina later bled. Her brother witnessed the act and later informed her it was their father’s “bird.” They sought treatment at a hospital and informed their mother. The child was placed under DSWD custody.

On March 15, 2000, Dr. Francisco A. Supe, Jr. found an intact yet hyperemic hymen, no lacerations or external trauma, and concluded the child was physically a virgin.
Dr. Supe testified that hyperemia could result from friction—scratching, bicycle riding, or possible object insertion—without definitive proof of penetration.

Appellant admitted presence in the home but denied rape, alleging his wife instigated the charge to retaliate over an alleged affair.
He claimed he treated his daughter well and that his wife neglected the children.

RTC credited the victim’s testimony, held moral ascendancy substitutes for force, convicted appellant of rape by sexual intercourse, and imposed the death penalty with damages.
CA found rape proven but downgraded it to simple rape for lack of proof of minority, imposed reclusion perpetua, and reduced civil indemnity.

Whether the prosecution proved beyond reasonable doubt that appellant raped his daughter.
Whether the mode was rape by sexual intercourse (Art. 266-A § 1) or rape by sexual assault (Art. 266-A § 2).

Whether the victim’s age was established by competent document to qualify the crime under Art. 266-A’s paragraph on minors.

Proper classification of penalty under the Revised Penal Code and Indeterminate Sentence Law.
Appropriate amounts for civil indemnity, moral, and exemplary damages.