LOPEZ, JUNE KARLA P.

17-4067
Case No. 119

PEOPLE OF THE PHILIPPINES vs. RAUL BERANA y GUEVARRA

G.R. No. 123544. July 29, 1999
Romero, J.;

Facts:
On June 2, 1994 at around 2:00 o'clock in the morning, 14-year old Maria Elena
Jarcia was sleeping with her four-year old niece in one of the two rooms in a house her
family was renting when she was awakened by her brother-in-law, herein accused-
appellant. Complainant recognized him because light was filtering in from a nearby
window. Berana pointed a "buntot page" at her neck and warned her not to make any noise,
otherwise she would be killed. The terrified girl was made to lie down while accused-
appellant raised her duster and proceeded to remove her shorts and her underwear, after
which he mashed her breast and lay on top of her. The helpless girl was again threatened
not to make any noise otherwise he would kill her. Complainant tried to cover her breasts
with her arms but accused-appellant pushed her arms aside. As he inserted his organ into
her womanhood, Elena felt excruciating pain. He began kissing her and made several push
and pull movements, after which, the victim felt something liquid in her organ. Accused-
appellant sat down and warned her not to talk to anyone about the incident.

The trial court finds accused-appellant guilty beyond reasonable doubt of the crime
of rape and imposed death penalty on the ground of the relation of the accused to the victim.

Issue: Whether or not the relationship between the accused and the complainant should
properly aggravate the crime of rape.

Ruling: No.
Under Article 335 of the Revised Penal Code as amended by R.A. No. 7659, the
death penalty shall be imposed if the crime of rape is committed, among others, with the
following attendant circumstance: “When the victim is under eighteen (18) years of age
and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or
affinity within the third civil degree, or the common law spouse of the parent of the victim.”

However, considering that the relationship of accused-appellant to complainant

qualifies the crime of rape punishable by reclusion perpetua to rape punishable by death,
it is but proper that a more stringent proof of relationship between the offender and the
offended party must be established by the prosecution. The relationship of accused-
appellant and the complainant, is not adequately substantiated since it is merely based on
testimony of the complainant, her mother's testimony and the accused-appellant's use of
the words, "mama at papa" in his letters. Needless to say, the evidence presented are not
sufficient to dispel doubts about the true relationship of accused-appellant and the
complainant, to the benefit of which the accused is entitled. Where the life of an accused-
appellant hangs in the balance, a more exacting proof must be adduced.