G.R. Nos. 143002-03 - PEOPLE OF THE PHILIPPINES, VS. CHARMIE SERVANO Y GAOR.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, justice demands that appellant be made to pay for his crimes. The two informations alleged that the appellant committed the crimes of rape against his 12-year-old daughter. This Court has consistently ruled that the twin circumstances of minority and relationship are in the nature of qualifying circumstances which must be alleged in the information and proved during trial beyond reasonable doubt, otherwise, the accused should only be held liable for the crime of simple rape. [23] That AAA was appellant's daughter was never in dispute. This was one of the admissions made by the appellant during the joint pre-trial of these cases where the parties were duly represented by their respective counsels. To prove her age, the prosecution adduced in evidence what purported to be AAA's certificate of live birth. [24] However, this document was correctly disregarded by the trial court because, aside from its belated registration, [25] there were irregularities attendant to its preparation, such as the erroneous dates and names of certain persons appearing thereon. While complainant testified that she was born on January 7, 1986, [26] the date of birth on her birth certificate is August 4, 1986. Also, the middle initial of the private complainant herself was written erroneously as "F" instead of "C". The name of the appellant under the space for "informant" was merely superimposed on what appeared to be that of another person. In the absence of any other competent evidence, such as the baptismal certificate, school records or the testimony of the victim's relatives, the testimony of the private complainant was not sufficient proof of her actual age without an express and clear admission thereof by the appellant, pursuant to our ruling in People vs. Pruna . [27] Since it was the prosecution that had the burden of proving the age of the offended party, the failure of the appellant to object to the testimonial evidence regarding the victim's age could not be taken against him. The prosecution failed to prove the actual age of the private complainant as alleged in the separate informations, thus the appellant should be convicted of simple rape and sentenced accordingly to reclusion perpetua in each case. Jurisprudence dictates that, upon a finding of the fact of rape, the award of civil indemnity ex delicto in the amount of P50,000 becomes mandatory. In addition, the victim AAA is entitled to the amount of P50,000 as moral damages, without need of proof, and another P25,000 as exemplary damages for each count of rape, to set an example for the public good. [28] WHEREFORE , the judgment of the lower court is hereby AFFIRMED with the MODIFICATION that appellant Charmie Servano is found guilty of two counts of simple rape and is sentenced to suffer the penalty of reclusion perpetua for each count of rape. He is also ordered to pay for each count of rape the amount of (a) P50,000 as civil indemnity (b) P50,000 as moral damages and (c) P25,000 as exempla