G.R. No. 193854 - People vs. Dulay y Pascual

Appellant Dina Dulay y Pascual was charged with rape under Article 266-A, No. 1(a) of the Revised Penal Code as amended by R.A. 8353, in relation to Section 5(b) of R.A. 7610.
Private complainant “AAA,” a 12-year-old minor, testified that appellant delivered and offered her for a fee to one “aSpeeda,” who then raped her by force, tying her hands and threatening her with a knife.

AAA’s sister introduced her to appellant, who convinced AAA to accompany her to a wake, a casino, and then to Bulungan Fish Port, where they found aSpeeda.
At a small hut (“kubuhan”) behind the fish port, appellant drew AAA into a room, received money from aSpeeda, and left AAA alone with him while he raped her. Appellant warned AAA not to speak of the incident.
AAA reported the crime after fleeing to San Pedro, Laguna. The barangay and police referred her to PGH’s Child Protection Unit; Dr. Merle Tan conducted the medico-legal exam, finding multiple abrasions and opining that sexual abuse could not be excluded.

The RTC convicted appellant as co-principal by indispensable cooperation in rape, sentencing her to reclusion perpetua and P50,000 damages (Oct. 8, 2008).
The Court of Appeals affirmed with modification, awarding P50,000 civil indemnity, P50,000 moral damages, and P25,000 exemplary damages (Aug. 4, 2010).
Appellant appealed to the Supreme Court, challenging her conviction as a co-principal and the acceptance of AAA’s testimony.

Whether appellant’s acts constituted indispensable cooperation making her a co-principal in the crime of rape.
Whether the trial court erred in giving full credence to the lone testimony of AAA.
Whether appellant’s acts fall instead under Section 5(a) of R.A. 7610 (child prostitution and sexual abuse).