G.R. No. 127904 - People vs. Victor y Penis

Two criminal cases were consolidated: Criminal Case No. Q-96-67322 for qualified rape and Criminal Case No. Q-96-67323 for acts of lasciviousness.
Accused-appellant Esteban Victor y Penis was charged with raping and committing lascivious acts against Marilyn Villanueva, a 13‑year‑old minor and his step‐daughter.

It was alleged that in May 1996 in Quezon City, the accused, by means of force and intimidation using a knife, undressed Marilyn, pinned her to the floor, and forced her into sexual intercourse against her will.
The complaint specifically stated that the accused was her stepfather, a qualifying circumstance warranting the imposition of the death penalty under Article 335 of the Revised Penal Code as amended by RA 7659.

It was charged that on or about August 5, 1996, the accused committed acts of lasciviousness by touching Marilyn’s private parts, grabbing her breasts, and kissing her with a lewd design.
The actions were committed while the victim was alone with the accused in the house after previously having experienced a violent attack.

Marilyn testified that she was 13 years old when the crimes were committed.
She recounted the violent incident where the accused used a knife to intimidate her, undressed her, and proceeded with the rape.
She also detailed repeated unwanted sexual advances and physical abuse by the accused even after the initial assault.

The Medico-Legal Officer provided a detailed examination report of Marilyn showing healed lacerations on the hymenal area consistent with trauma inflicted by a blunt instrument such as a penis.
Findings supported the history of sexual abuse and corroborated the victim’s account.

The accused denied raping Marilyn and contended that he had a marital relationship with Julieta Corpuz, the natural mother of the victim, thereby asserting that he was her common-law husband and not her stepfather.
He claimed that he merely loved Marilyn as a stepdaughter, provided for her education, and denied any intentional abuse.
He explained that the charges were retaliatory, alleging that Marilyn had filed them out of spite for minor disciplinary actions.

The prosecution’s evidence for the stepfather-stepdaughter relationship relied heavily on Marilyn’s declaration and the accused-appellant’s admission that he was married to Julieta Corpuz.
The marriage contract between the accused and Julieta – which would confirm the legitimacy of the marital relationship and thus the qualifying circumstance – was not introduced as evidence.
The prosecution’s failure to adduce the marriage contract resulted in reliance solely on testimonial evidence regarding their relationship.

In Criminal Case No. Q-96-67322, the trial court found the accused guilty of rape beyond reasonable doubt and imposed the death penalty, relying on the special qualifying circumstance (the stepfather-stepdaughter relationship).
In Criminal Case No. Q-96-67323, the accused was found guilty of acts of lasciviousness and sentenced to an indeterminate penalty originally ranging from a minimum corresponding to six (6) months and one (1) day of prision correccional to a maximum of four (4) years and two (2) months.
The trial court also ordered the payment of moral and civil indemnity damages to the victim.

Whether the imposition of the death penalty for qualified rape was proper, given that the prosecution failed to adduce the marriage contract evidencing that the accused was legally married to the natural mother of the victim, thereby establishing the stepfather relationship.
Whether the special qualifying circumstance (the stepfather-stepdaughter relationship) was adequately alleged in the criminal complaint and conclusively proved beyond reasonable doubt.
Whether the penalty imposed for acts of lasciviousness was in accordance with the law, particularly regarding the correct range of punishment under the Revised Penal Code.
Whether the failure to allege certain aggravating circumstances in the information precluded the awarding of exemplary damages in addition to moral and civil indemnity damages.