PEOPLE v. FELIPE MORALES, GR No.
L-35413
Facts:
AUTOMATIC REVIEW of the death sentence imposed upon the accused for having carnal knowledge of
a woman under 12 years of age, against her will, with the use of a deadly weapon.
The record shows that the offended party, Antonia (Anita) Solano, who was born on August 10, 1958,
was serving as a housemaid in the house of the accused, Felipe Morales, in order to pay off a debt
incurred by her parents with said Felipe Morales. In the evening of March 10, 1970, while the household
was asleep, Felipe Morales told Antonia Solano, who was sleeping by herself in another part of the
unpartitioned house, "to wake up because he would make a sexual intercourse" with her. Then, the
accused got his bolo and, pointing it at the chest of the girl near her neck, told her that if she would
not consent, he would kill her. He pulled down her panty and placed himself on top of her. She
struggled to get up, but Felipe Morales held her down. She could not shout because she was afraid that
the accused would kill her. The accused inserted his penis into her genitalia and had sexual intercourse
with her. She tried to wake the daughter of Morales but to no avail. The following day, she went
home and reported the incident to her parents. But, they did not believe her. However, she stayed in
their house and did not return to the house of Felipe Morales until "Felipe Morales went to our house
and he told my parents that if they will not allow me to return to the house of Felipe Morales, the
accused will kill all of us." Eventually, Antonia returned to the Morales’ residence. She tried to tell it to
the wife, but didn’t listen to her.
On May 11, 1970, Felipe & his son went out to sell some rattan. They took Antonia with them.
Apparently, the victim managed to escape and fled to Pagadian City. With the help of a certain Loring
Sali, she managed to find a lawyer and report the incident. She was taken to the Municipal Health
Officer who examined her thoroughly from head to foot, after which a medical certificate was issued.
The medical certificate states that she was 11yrs & 9mos old at that time & her physical attributes
were not yet fully developed. Lacerations in her hymen was manifested and thereby losing her
virginity. She gave pseudonym as Anita because she was afraid that the accused might kill him.
Felipe Morales admitted that he had carnal knowledge of Antonia Solano on the incidents mentioned by
the former. However, he claims that it was with the consent of Antonia. He siad that on March 7, 1970,
he and his common-law wife, Isabel Mahinay, went to the house of Gaudencio Sanoy, where the parents
of Antonia Solano were then residing, to propose and make arrangements for his marriage to Antonia.
Family members were present. Antonia was also present, but was asleep in another part of the house
when they arrived. However, she was awakened and she consented to her marriage with Felipe
Morales. Felipe Morales was required to give a dowry of P200.00 and one and a half (1-1/2) hectares of
land to the parents of Antonia. But, he was only able to give P62.00 and still lacks P138.00. They also
agreed to have the marriage celebrated the next year because the priest might not consent as Antonia
was still young.
The sexual intercourse happened approximately up to 5 time. He also mentioned that Antonia seemed
to have enjoyed the incident as she went on top of the accused several times.
The trial court rejected the defense and found that the accused Felipe Morales did in fact commit the
crime of rape on the person of Antonia Solano, who at the time of the intercourse was only 11 years and
7 months old, and that the marriage proposal of Morales was a last-ditch effort to make Antonia Solano
withdraw her charge of rape.
Issue: W/N the trial court erred in their decision of death sentence imposed upon the accused.
Ruling:
The trial court found that the aggravating circumstances of nighttime, dwelling and abuse of confidence
attended the commission of the felony. Nighttime, however, is not aggravating since the record does
not show that it was sought after to facilitate the attainment of the lustful purpose. Dwelling cannot
also be appreciated as an aggravating circumstance because the accused and the offended party are
domiciled in the same house where the felony was committed. But abuse of confidence is present since
the complainant was a housemaid of the accused when the crime was committed. Under Article 335 of
the Revised Penal Code, the penalty to be imposed is reclusion perpetua to death when the crime of
rape is committed with the use of a deadly weapon. Since the felony was committed with the use of a
deadly weapon and attended by the aggravating circumstance of abuse of confidence, with no
mitigating circumstance to offset the same, the penalty should be imposed in its maximum period,
which is death. The trial court, therefore, correctly sentenced the accused to suffer the death penalty.
The judgment of the trial court is affirmed with the modification that the accused Felipe Morales is
ordered to indemnify the offended party. Antonia Solano, the amount of P12,000.00. With costs
against the accused. However, for lack of the required number of votes, for the imposition of the death
penalty, the accused Felipe Morales is hereby sentenced to suffer the penalty of Reclusion Perpetua.
