G.R. No. 183696 - People vs. Arraz

Complainant: People of the Philippines, appellee.
Accused/Appellant: Nelson Arraz.
Victim: AAA, niece of appellant, born 2 January 1989 (14 years old at time of incident).
Trial court: Regional Trial Court, Branch 63, Calabanga, Camarines Sur, Criminal Case No. RTC'04-907.
Court of Appeals: CA-G.R. CR-H.C. No. 02357, decision dated 23 November 2007.
Supreme Court: Appeal from the Court of Appeals decision.

Information alleged rape "on or about the 20th day of April 2003" at around 3:00 a.m., Sitio Libtong, Barangay Lupi, Tinambac, Camarines Sur.
Offense charged: qualified rape under paragraph 1(a) of Article 266-A in relation to Article 266-B of the Revised Penal Code, as amended by Republic Act No. 8353.
Alleged qualifying circumstances: victim under 18 years of age and offender relative by consanguinity within the third civil degree.

AAA testified she went to sleep at about 8:00 p.m. on 20 April 2003 and was awakened at about 3:00 a.m. when appellant kissed her, held her hand and placed himself on top of her.
AAA testified appellant removed her shorts, inserted his penis into her vagina, caused pain, and she cried.
AAA testified appellant threatened to kill her if she reported the incident.
AAA did not report to her grandmother because she believed the grandmother would side with appellant; she instead reported to a person she believed was an NPA member who turned out to be a Philippine Army officer who brought her to the Department of Social Welfare and Development (DSWD) of Tinambac.
Medico-legal: Dr. Jane Perpetua Fajardo (Medico Legal Officer, NBI) conducted examination and found an old healed hymenal laceration at the 6:00 o'clock position; hymenal orifice measured 2.5 cm in diameter with rounded, non-coaptable edges; opined that 90–95% of such lacerations are caused by sexual intercourse and that hymenal lacerations are best evidence of forcible defloration.

Appellant denied the rape and offered an alibi that he stayed at home caring for his sick wife, tended his carabao, and attended the reading of the Pasyon.
Appellant admitted he tried to kiss AAA on the lips around midnight of 21 April 2003 and claimed he was drunk.
Appellant claimed AAA filed the case because she was angry at him for the attempted kiss.
Appellant's mother, Gloria Arraz, testified she noticed nothing unusual about AAA and that AAA did not inform her of any rape.

(Subscriber-Only)

Whether appellant is guilty beyond reasonable doubt of rape as defined under Article 266-A in relation to Article 266-B of the Revised Penal Code, as amended.

Whether the variance in the date alleged in the Information and the evidence vitiates the prosecution's case.
Whether AAA's failure to shout or display unusual behavior after the incident undermines her credibility.
Whether it was impossible for appellant...(Subscriber-Only)