G.R. No. 127356 - PEOPLE OF THE PHILIPPINES, VS. DAVID SILVANO Y HAYAG, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, this court finds the accused David Silvano y Hayag guilty beyond reasonable doubt of the crime of rape defined in and penalized by Article 335 of the Revised Penal Code, as amended, and sentences him to suffer the penalty of death and to pay the costs. The accused is hereby ordered to indemnify the victim, Sheryl P. Silvano, the amount of P50,000.00, as moral damages, and P30,000.00 as exemplary damages. "SO ORDERED". [3] Upon automatic appeal to this Court, [4] appellant assails his conviction by insisting on his innocence. He denied the accusation arguing that the charge leveled against him was a mere ploy of his wife and the latter's relatives for the purpose of severing their marital relationship. In the review of death cases, foremost in the mind of the Court is the heavy penalty which an accused faces. Aware that life once taken, is like virginity which once defiled, can never be restored, [5] a thorough scrutiny of the case is in order. Against the proffered excuses of appellant, however, and guided by the three principles in the review of rape cases, to wit: [6] a.) An accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; b.) In view of the intrinsic nature of the crime of rape, where only two persons are usually involved, the testimony of the complainant is scrutinized with extreme caution; and c.) The evidence of the prosecution stands or falls on its own merits and cannot be allowed to draw strength from the weakness of the defense. The fundamental presumption of innocence [7] enjoyed by appellant was overcome with the requisite quantum of proof in criminal cases and his guilt sufficiently established by proof beyond reasonable doubt. [8] The qualified rape of an underaged relative for which appellant was charged is classified as a heinous crime and penalized under Section 335 of the Revised Penal code (RPC), as amended by Section 11, Republic Act (R.A.) 7659, [9] which provides: " When and how rape is committed - Rape is committed by having carnal knowledge of a woman under any of the following circumstances. 1.) By using force or intimidation; 2.) When the woman is deprived of reason or otherwise unconscious; and 3.) When the woman is under twelve years of age or is demented. The crime of rape shall be punished by reclusion perpetua. Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death. When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death. When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. The death penalty shall also be imposed if the crime of rape is committed with any the following att