Heinous crime, lighter penalty

Under the Revised Penal Code (Article 267 paragraph 4 as Amended by R.A. 7659) the maximum penalty of death shall be imposed for the complex crime of kidnapping with rape. This is the crime committed and proven in this case, but the maximum penalty was not imposed for the reason set forth hereunder.

The crime committed here is really deplorable and heinous as the victim is a five-month-old baby named Girlie. She is the daughter of Cora whose family is living in a city of an island province in the Visayas. One day Cora left Girlie in the care of her eldest sister Brenda while she went to her mother’s house to boil water. Unfortunately, when she came back later, Girlie was already missing and could not be found despite diligent search.

The only information they obtained was from their neighbor who told them that he saw an ice cream vendor carrying a baby around the time when Girlie has gone missing. With such information they reported the incident to the police. During the investigation, Dencio, a truck driver, informed the police that on his way home he saw a man abusing a baby on a bench at the city plaza, with the baby’s private parts already bloodied. But when he beckoned four bystanders and returned to the plaza the man had already fled and left the baby lying on the bench.

Thus, PO2 Rudy Devera rushed to the plaza and found the baby there. He then informed Cora of the possible sighting of the missing Girlie and accompanied her to the Plaza. After seeing the baby Cora confirmed that the baby lying in the bench was Girlie. She then brought Girlie to the hospital and was examined by a medico-legal officer who found that Girlie had “fresh lacerations” on the hymen with “sharp reddened and edematous” edges.

Acting on the tip of the neighbor, the police proceeded to the nearby barangay and apprehended the ice cream vendor who was positively identified as Baldo by Dencio the truck driver. Baldo was thus accused of kidnapping with rape. At the trial, the eyewitness testified and the medico-legal report was presented. For his part, Baldo claimed that he was sleeping when the policemen came, manhandled and arrested him. He denied raping Girlie and said that he came to know of the charges against him during arraignment.

But the Regional Trial Court (RTC) found him guilty beyond reasonable doubt, of kidnapping with rape and sentenced him to death and to pay Girlie the corresponding indemnity, moral damages and cost. This decision was affirmed by the Court of Appeals (CA) with the modification of his penalty to reclusion perpetua instead of death, and increase of indemnity and moral damages.

Upon automatic review by the Supreme Court (SC) the CA ruling was likewise affirmed as to the penalty imposed but the indemnity and moral damages were further increased. The SC found that the testimony of the eyewitness, which was given full faith and credit by the lower courts, clearly points to Baldo as the perpetrator of the crime of kidnapping with rape. The actual taking of the baby without the consent of her parents indubitably established the intent of the accused to deprive the victim of her liberty which is necessary in the crime of kidnapping. On the other hand, rape was also proven by the testimony of the eyewitness and the medical findings of the physician as contained in the medico-legal report showing that Girlie had fresh, sharp, reddened and edematous lacerations in the edges of her vagina.

Baldo is thus guilty beyond reasonable doubt of the complex crime of kidnapping with rape warranting the penalty of death. However, in view of R.A 9346 entitled “An Act Prohiting the Imposition of Death Penalty in the Philippines”, his penalty is reduced to reclusion perpetua with increase in in the award of civil indemnity, moral and exemplary damages to P100,000 each, plus 6 percent per annum interest from the date of finality of the judgment until fully paid (People vs. Magno, G.R. 206972, December 2, 2015).

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