G.R. No. 119368 - People vs. Erardo

On or about June 1, 1993, at approximately 2:30 in the afternoon, Marcelino aSenoya Erardo was charged with the crime of rape.
The alleged crime occurred in Barrio Site, Barangay Labangan, Municipality of San Jose, Occidental Mindoro, Philippines.
The charge stemmed from the act of carnal knowledge allegedly perpetrated against Julie Ann Kiam, a 12-year-old minor who was mentally retarded, thereby rendering her incapable of giving valid consent.

Jennylyn Cordero, the victim’s aunt, observed the sequence of events from her residence. While attending to her child on the balcony, she saw Julie Ann Kiam, her niece, waving at the accused as the girl was headed toward a thicket.
Following Julie Ann’s movement, the accused was seen following her into the bushes. Jennylyn then witnessed the accused partially disrobing (pulling his pants over his exposed sexual organ) while the victim, partially unclothed from the waist down, sat nearby.
In her confrontation, Jennylyn questioned the accused for allegedly “pinagsamantalahan” (taking advantage of) her mentally retarded niece.

Julie Ann Kiam, during her direct testimony, provided statements regarding the act of penetration. Despite her mental condition, she was able to indicate that she experienced an act which she identified using terms that pointed to both a finger and an object resembling a human penis.
Mrs. Delia Cordero-Kiam, the victim's mother, testified that the accused later came to her house on June 2, 1993, to ask for forgiveness, admitting his role in the sexual encounter with Julie Ann.

Dr. Hurley de los Reyes, who examined the victim on June 3, 1993, testified that he observed hymenal lacerations estimated to be one to two weeks old, indicating that these injuries might have been caused by a blunt object such as a male penis.
Dr. Ray Sague, a resident physician, testified regarding the patient’s mental capacity, confirming that the victim, though 12 years old, had the mentality comparable to that of a three-year-old child.

A criminal complaint was filed by the victim’s family following the incident after Julie Ann was examined by a physician.
The Regional Trial Court of San Jose, Occidental Mindoro, Branch 46, rendered judgment on January 26, 1995, convicting Erardo beyond reasonable doubt of rape and sentencing him to reclusion perpetua.
The initial judgment also ordered the accused to indemnify the victim—originally fixed at ₱40,000.00—with additional orders for his immediate commitment to the National Penitentiary.

The accused pleaded not guilty at arraignment on May 3, 1994.
He asserted an alibi, stating that he was at a saltfarm owned by Mr. Jack Chua on the day of the incident, working from 7:00 a.m. to 12:00 noon and then from 1:15 to 6:00 p.m.
His brother, Zosimo Erardo, corroborated this alibi by testifying regarding their movements on June 2, 1993, including their confrontation at the victim’s residence and the subsequent demand by the victim’s family for a ₱100,000.00 settlement.
The defense also referenced, though ultimately did not call, the expected testimony of a co-worker to affirm the accused’s presence at the saltfarm.

Whether the trial court erred in not considering the testimony of Dr. Hurley de los Reyes concerning the presence of old hymenal lacerations, which the accused argued could not have been caused by a rape occurring three days prior to the examination.

Whether it is erroneous to convict the accused on the basis that the crime was committed in the afternoon on June 1, 1993 given the defense’s argument about the discrepancies in time and the alibi presented.

Whether the victim’s testimony, despite her mental retardation and limited mental age, is sufficiently credible and reliable to sustain a conviction.

Whether the accused’s defense of being at the saltfarm at the time of the crime is a valid defense, considering the proximity of his workplace to the scene of the alleged crime and his subsequent actions.