G.R. No. 113899 - Great Pacific Life Assurance Corp. vs. Court of Appeals

The case originated with the decision of the Regional Trial Court (RTC), Branch 4, City of Tagbilaran, which, on February 19, 1994, found accused Decoroso Aca-ac y Cespon, alias “Kokong,” guilty of frustrated rape in Criminal Case No. 7094 and acquitted him in three other rape cases (Criminal Case Nos. 7091, 7092, and 7093).
The RTC sentenced the accused to an indeterminate penalty of imprisonment ranging from 12 years of prision mayor (minimum) to 17 years, 4 months, and 1 day of reclusion temporal (maximum), with accessory penalties, and ordered him to pay P30,000.00 as moral damages and P20,000.00 as exemplary damages to the complainant, Fritzie Aca-ac.
The Court of Appeals, on appeal, rendered a decision overturning the trial court’s classification by holding that the crime was not frustrated rape but consummated rape and imposed a higher penalty of reclusion perpetua.
The appeal was elevated to the Supreme Court on certification pursuant to Rule 124, A13 of the Revised Rules on Criminal Procedure.

The charges span four criminal cases (Nos. 7091 to 7094), all involving the rape of Fritzie Aca-ac, a minor below 12 years of age.
The allegations in each case include:

The accused lured the minor using craft and deception.
He forcibly removed the victim’s clothing (shorts, panty) and brought her to locations such as his house, a vacant house, or an isolated bushy area.
Thereafter, he inserted his penis near or into the victim’s external genitalia, initiating acts of carnal knowledge.

September 8, 1990 – At a vacant house in Barangay Villalimpia, Loay, Bohol, where the accused allegedly fondled, licked, and performed push-and-pull movements on the complainant.
September 22, 1990 – At the accused’s house, on an occasion when he attempted to lure the complainant under the pretense of offering papayas, and subsequently raped her in his bedroom.
October 17, 1990 – In a scenario where the victim was forced to lie on nipa leaves as she was compelled to remove her shorts and panty before the intercourse was committed.
January 12, 1991 – Where allegedly the accused, after seizing the complainant near a bushy area, forced her to undress and subsequently raped her.

Fritzie Aca-ac gave detailed and consistent testimony relating the sexual abuse she suffered on multiple occasions.
She described how the accused removed her clothing, manipulated her into certain positions (squatting, lying down, spreading her legs), and committed various sexual acts (kissing, fondling, sucking of nipples, licking her vagina, and penile penetration).
She testified under duress, explaining that she was threatened with death should she report the incident.

Algerico Lonio, a classmate of the complainant, provided testimony that he witnessed the accused escorting the complainant into a reputedly haunted vacant house and observing details that corroborated the complainant’s version.
Felipa Aca-ac, the complainant’s mother, testified about her own confrontation with her daughter, the subsequent medical examination by Dr. Stella Maris J. Amora, and the alleged settlement discussions initiated by the accused.
Dr. Amora testified regarding the physical findings on the complainant, noting the absence of laceration in the hymen and explaining that penetration up to the labia minora could occur without such rupture.

The accused, along with his supporting witnesses, denied the charges, contending that the allegations were instigated by Felipa Aca-ac to extort money from him.
He claimed that due to his advanced age (57 years at the time of the incident), he was no longer capable of maintaining an erection, thereby questioning the possibility of him having committed rape.
Defense witnesses testified on his behalf, some of whom vouched for his character and disputed aspects of the complainant’s and other witnesses’ accounts.
The accused attempted to introduce an alleged affidavit of desistance from the complainant and her mother, which was later challenged for deficiencies such as lack of signature.

The physical evidence included the medical findings, which indicated that although the hymen was intact, penetration into the labial area had occurred.
The details recorded in the trial transcripts and documentary exhibits from various dates (spanning from September 1990 to January 1991) supported the occurrence of multiple incidences of rape.
The testimony of witnesses regarding the setting (e.g., the location being well lit, the structure details of the house) and the movements of both the accused and the complainant helped establish the sequence of events.

Whether the crime committed by the accused should be classified as frustrated rape or consummated rape.
Whether the absence of physical laceration or a broken hymen precludes the occurrence of consummated rape.

Whether the consistent, detailed, and graphic testimony of the complainant, despite her young age and the traumatic context, is inherently reliable and credible.
The weight to be accorded to the testimonies of corroborative witnesses such as Algerico Lonio and Felipa Aca-ac in contrast with the denials and alternative narratives presented by the defense.

Whether the defense’s contention regarding the inability of the accused to commit the crime due to his advanced age is supported by the evidence.
Whether the alleged delayed reporting of the incidents by the complainant, explained on the basis of her age and fear, undermines her account and the prosecution’s case.

Whether the entry of the accused’s penis into the victim’s external genitalia, even without evidence of laceration, legally constitutes consummated rape based on established jurisprudence.
Whether the inconsistencies pointed out by the accused in the witness testimonies have material bearing on the overall conviction.