EN BANC

[G.R. No. 144036. May 7, 2002]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICTOR UGANG, accused-appellants.

D E C I S I O N

DAVIDE, JR., C.J.:

As if deprivation of her reasoning powers was not enough. Compounding her misery, Lanie Jumuad (hereafter LANIE), then an 18-year-old demented girl, was also stripped of her, perhaps, only remaining treasure -- her virginity. Worse, its loss was caused by one who was supposed to help protect it, her uncle Victor Ugang (hereafter VICTOR).

In an information[1] docketed as Criminal Case No. S-2893 before the Regional Trial Court, Branch 11, Sindangan, Zamboanga del Norte, VICTOR was charged with the crime of rape committed as follows:

That, in the afternoon, on or about the 29th day of December, 1996, in the municipality of Sindangan, Zamboanga del Norte, within the jurisdiction of this Honorable Court, the said accused, moved by lewd and unchaste desire and by means of force, violence and intimidation, did then and there willfully, unlawfully and feloniously succeed in having sexual intercourse with one LANIE JUMUAD, his 18 years old mentally ill niece, against her will and without her consent.

CONTRARY TO LAW.

At his arraignment, VICTOR, with the assistance of counsel de officio, entered a plea of not guilty. Thereafter trial ensued.

The first witness presented by the prosecution was Julito Amantiad, a neighbor of LANIE and cumpadre of VICTOR. According to him, at 1:30 p.m. of 29 December 1996, he, VICTOR and Leonilo Nonong were drinking tuba in his store in Lapero, Sindangan, Zamboanga del Norte. After they had consumed half a gallon of tuba, VICTOR, who was already drunk, left without saying a word and proceeded to the house of LANIE, which was about fifteen fathoms away from Julito’s store.[2]

Curious why VICTOR did not return, Julito went to LANIE’s house. He knew that LANIE was alone because he was asked by her mother before leaving to look after LANIE, who was demented. He peeped through a hole on the wall of the house and saw LANIE naked, with one of her legs spread while the other was tied to a post. VICTOR was on top of her, with his shorts down to his knees and his erect penis pumping up and down into her vagina. LANIE’s face was expressionless. Julito then went back to his store and told Leonilo that VICTOR was having sexual intercourse with LANIE.[3]

Leonilo Nonong, VICTOR’s cumpadre, corroborated the testimony of Julito. To verify Julito’s story that VICTOR was having sexual intercourse with LANIE, Leonilo went to LANIE’s house. There, he saw VICTOR already standing and pulling up his underwear, with his pants still on his knees. LANIE was lying down naked on a wooden bench. Suspecting what had happened, Leonilo pulled VICTOR and said: “You are fool! [sic]” He forthwith brought VICTOR back to Julito’s store and entrusted him to Rodrigo, LANIE’s brother, who was then in the store. Upon being informed of what VICTOR happened to his sister, Rodrigo knocked down VICTOR. VICTOR admitted that he committed a sin and asked for forgiveness.[4]

Dr. Marcelino Lacaya, Chief of the Sindangan District Hospital, testified that it was Dr. Alan Arthur Vercide who examined LANIE on 22 January 1997, but at the time of the request for the issuance of a medical certificate, Dr. Vercide was not around. Hence, on the basis of the handwritten report of Dr. Vercide, which was recorded[5] and made part of the OPD Records of Sindangan District Hospital, Dr. Lacaya issued a medical certificate[6] and signed the same in behalf of Dr. Vercide.[7] The certificate reads:

Genitalia - labia minora and majora in close apposition intoritus nulliparous, admits 1 finger with ease, hymenal orifice about 2-3 cm. in diameter with old laceration at 5 o’clock and 7 o’clock

(-) fresh lacerations,

(+) whitish discharges

Pregnancy test - not done (No reagent)

Sperm Analysis - not done

VICTOR was the sole witness for the defense. He admitted that LANIE is his niece but denied having carnal knowledge of her on 29 December 1996. According to him, after leaving his drinking companions at the store of Julito, he proceeded to the house of LANIE to take a rest. LANIE was alone in the house. At the time, she was naked, with one of her feet tied, as she was insane. He just sat and leaned on the wall about three feet away from LANIE. Since he had a hard time sitting with his tight short pants, he pulled up his shorts and fixed his long pants. It was at this juncture that Leonilo saw him. He denied having asked for forgiveness from Rodrigo. Although Rodrigo did not have any quarrel with him, prosecution witnesses Julito and Leonilo had rift with his wife because of money matters in their chapel, of which Julito, Leonilo and his wife were officers. Despite this quarrel, he drank with them.[8] VICTOR further asserted that Julito testified against him because the latter was after money. During his arraignment, Rodrigo approached him; asked for P10,000 to be given to the witnesses for the prosecution; and warned him that if he would not deliver the money, he would languish in jail. However, VICTOR admitted that Julito and Leonilo did not personally ask him for any consideration, nor did they promise to retract their statements in exchange for something.[9]

The trial court gave full faith and credit to the version of the prosecution. It disregarded VICTOR’s defense of denial. Accordingly, in its Decision[10] of 2 June 2000, it found him guilty beyond reasonable doubt of the crime of rape and sentenced him to suffer the penalty of death and to pay the victim in the amounts of P75,000 as indemnity and P50,000 by way of moral damages.

In his Appellant’s Brief,[11] VICTOR submits this sole assignment of error:

THE TRIAL COURT GRAVELY ERRED IN SENTENCING VICTOR UGANG TO SUFFER THE PENALTY OF DEATH.

VICTOR argues that he could not be sentenced to suffer the penalty of death, since LANIE was already demented at the time of the commission of the offense and that she is his relative by consanguinity in the fifth degree only, her father being his first cousin. In order that death penalty may be imposed, the victim must have become insane by reason or on the occasion of the rape or that the accused is a relative by consanguinity or affinity within the third civil degree. VICTOR then prays that the penalty imposed upon him be reduced to reclusion perpetua.

In the Appellee’s Brief,[12] the Office of the Solicitor General (OSG) notes that VICTOR simply protests the trial court’s imposition on him of the death penalty without challenging his conviction. It agrees with VICTOR that the trial court erred in appreciating against him the qualifying circumstance of relationship and the insanity of the victim because LANIE was already insane at the time of the rape and the relationship between LANIE and VICTOR is beyond the third civil degree.

After the OSG had submitted its Appellee’s Brief, VICTOR, through his new counsel, submitted a Supplemental Appellant’s Brief.[13]