FACTS:

The case involves the father, Benjamin Soria, abusing his daughter, referred to as "AAA", through rape by sexual assault. Accused-appellant Benjamin Soria seeks a review of the December 29, 2006 Decision of the Court of Appeals (CA) which affirmed with modification the June 30, 2005 Judgment of the Regional Trial Court (RTC) of Quezon City. The RTC found Soria guilty beyond reasonable doubt of the crime of rape committed against his daughter, as described in the Information. According to "AAA's" testimony, on February 26, 2000, after eating spaghetti brought home by appellant, she went to the bedroom to rest. Appellant then entered the room, positioned himself on top of "AAA", took off her clothes, and inserted his penis into her vagina. "AAA" felt intense pain and informed her father, who apologized and left the room. The incident was witnessed by "AAA's" brother. The pain continued and her vagina started to bleed. She told her aunt and they went to the hospital for treatment. On March 15, 2000, "AAA" was examined by the Medico-Legal Officer who concluded that she was in a virgin state physically, with no external signs of trauma. Appellant denied the rape allegations and claimed that his wife instigated the filing of the case as revenge for confronting her about an illicit affair. The trial court found appellant guilty beyond reasonable doubt, sentenced him to death, and awarded damages. The CA modified the penalty to reclusion perpetua and reduced the civil indemnity. Appellant now appeals to the Supreme Court, asserting his innocence and challenging the imposition of the death penalty.

ISSUES:

1. Whether the Information specifying the crime of rape as committed through sexual intercourse or by sexual assault is necessary.

2. Whether the findings of the RTC and CA on the credibility of the victim deserve respect and great weight.

3. Whether there was sufficient evidence to conclude that the appellant committed rape through sexual intercourse.

4. Whether the elements of rape by sexual assault were present in the case.

5. Whether the appellant committed an act of sexual assault on the victim.

6. Whether the failure of the victim to specifically identify the instrument or object inserted into her genital is material.

7. Whether the medical findings of an intact hymen or absence of lacerations in the victim's vagina negate the commission of rape.

8. Whether the motive imputed by the appellant against his wife is plausible.

9. Whether the qualifying circumstance of minority was sufficiently proven.

10. What is the proper penalty for the offense committed.

11. Whether accused-appellant Benjamin Soria y Gomez is guilty beyond reasonable doubt of the crime of rape by sexual assault.

12. Whether "AAA" is entitled to the awarded damages.

RULING:

1. The Information did not need to specify whether the crime of rape was committed through sexual intercourse or by sexual assault. The allegations of the various ways of committing the offense should be regarded as a description of only one offense. Any objection to the Information is deemed waived if not opposed before trial. The appellant can be convicted of rape through sexual intercourse or by sexual assault, depending on the evidence presented during trial.

2. The RTC and CA findings on the credibility of the victim, referred to as "AAA," deserve respect and great weight. It would be highly inconceivable for "AAA" to falsely impute the crime of raping her own father. Her straightforward and candid testimony, corroborated by the medical findings, is sufficient evidence to support a conviction for rape.

3. The court found that there was insufficient evidence to conclude that the appellant committed rape through sexual intercourse. The testimony of the victim, "AAA," was uncertain and she had no personal knowledge that it was appellant's penis that touched her labia and entered her vagina. The declaration of "AAA's" brother, "BBB," stating that it was the "bird" of their father that was inserted into her vagina, was hearsay. Therefore, it was an error to conclude that there was penile contact solely based on these statements. Instead, the appellant was found guilty of rape by sexual assault.

4. The court found that the elements of rape by sexual assault were present in the case. It was proven that the appellant inserted an object into "AAA's" vagina against her will and without consent. The victim testified that she felt something being inserted into her vagina and suffered tremendous pain. The medical examination supports her testimony, showing a hyperemic hymen which could be the result of the insertion of a finger or object. Therefore, the appellant was held guilty of rape by sexual assault.

5. The Court found that the appellant committed an act of sexual assault on the victim, as it was established that something was inserted into her vagina.

6. It was held that requiring the victim to identify the specific instrument or object inserted into her genital would be contrary to due process, as it is not a requirement under the law.

7. The Court ruled that hymenal rupture, vaginal laceration, or genital injury is not indispensable in proving rape, and the finding of reddish discoloration of the victim's hymen and her intense pain during and after the assault sufficiently corroborated her testimony.

8. The motive imputed by the appellant against his wife was deemed flimsy and implausible.

9. The Court found that there was insufficient evidence to conclusively and indubitably prove the minority of the victim, as no documents were presented to establish her age.

10. Considering the aggravating circumstance of the appellant's relationship to the victim, the proper penalty imposed was twelve (12) years of prision mayor, as minimum, to twenty (20) years of reclusion temporal, as maximum.

11. Accused-appellant Benjamin Soria y Gomez is found guilty beyond reasonable doubt of the crime of rape by sexual assault and is sentenced to suffer the penalty of twelve (12) years of prision mayor, as minimum, to twenty (20) years of reclusion temporal, as maximum.

12. "AAA" is entitled to the amounts of P30,000.00 as civil indemnity, P30,000.00 as moral damages, and P30,000.00 as exemplary damages. "AAA" is also entitled to an interest on all damages awarded at the legal rate of 6% per annum from the date of finality of this judgment until fully paid.

PRINCIPLES:

• The crime of rape can be committed either through sexual intercourse or by sexual assault.

• The Information does not need to specify whether the rape was committed through sexual intercourse or by sexual assault if it describes the various ways of committing the offense.

• The credibility of a rape victim's testimony is given great weight, especially when it is straightforward, candid, and corroborated by medical findings.

• Personal knowledge is required to establish the identity of the offender in a rape case involving sexual intercourse.

• Hearsay evidence is inadmissible in establishing the identity of the offender in a rape case involving sexual intercourse.

• Rape by sexual assault is committed when an act of sexual assault is committed by inserting any instrument or object into the genital or anal orifice of another person.

• The presence of a hyperemic hymen may be indicative of the insertion of a finger or object into the vagina.

• The elements of rape by sexual assault are outlined, including the circumstances under which it can be committed.

• The failure of the victim to specifically identify the instrument or object inserted into her genital is not material in proving sexual assault.

• Hymenal rupture, vaginal laceration, or genital injury is not necessary to prove rape.

• Motive imputed against a witness should be plausible and supported by evidence.

• The age of a victim in cases of rape must be conclusively and indubitably proven with competent evidence.

• When one of the qualifying circumstances is lacking, it may be considered as an aggravating circumstance.

• The proper penalty for rape by sexual assault is reclusion temporal.

• The awards of civil indemnity, moral damages, and exemplary damages in rape cases are modified to a lesser amount.

• The victim is entitled to interest on the damages awarded at the legal rate of 6% per annum.

• The guilt of the accused in a criminal case must be proven beyond reasonable doubt.

• In cases of rape, the sole testimony of the victim, if credible, is sufficient to support a conviction.

• The penalty for rape by sexual assault is twelve (12) years of prision mayor, as minimum, to twenty (20) years of reclusion temporal, as maximum.

• A victim of rape is entitled to civil indemnity, moral damages, and exemplary damages.

• The legal interest rate for damages awarded is 6% per annum.

• The interest on damages awarded accrues from the date of finality of the judgment until fully paid.