Case Digest (G.R. No. 133925)
Facts:
The case involves Agustin Gopio, the accused-appellant, who was found guilty of statutory rape by the Regional Trial Court, Branch 12, Bulacan. The incident occurred sometime between May and June 1995 in Brgy. San Pascual, Obando, Bulacan, during a local fiesta. The victim, Ma. Princess Millano, was only 11 years old at the time. On the day of the incident, she went to Gopio's store to buy cooking oil, but it was closed. As she was about to leave, Gopio called her over, seized her, and brought her into his house, where he threatened her with violence if she resisted. Inside the house, he forced her onto the bed, removed her underwear, and sexually assaulted her. The victim cried out in pain, and Gopio eventually let her go. After the assault, she returned home, feeling intense pain and bleeding. The victim did not immediately disclose the incident to her mother, Luzviminda Millano, out of fear and confusion. It was only after experiencing ongoing pain that she was taken t...
Case Digest (G.R. No. 133925)
Facts:
- Incident Overview: Agustin Gopio was accused of raping Ma. Princess Millano, an 11-year-old girl, in Barangay San Pascual, Obando, Bulacan, between May and June 1995. The victim was sent to buy cooking oil from Gopio’s store, which was closed. Gopio called her, forcibly took her inside his house, and sexually assaulted her.
- Details of the Crime: Gopio dragged the victim into his bedroom, removed her underwear, licked her vagina, and penetrated her with his penis. The victim cried in pain and bled afterward. Gopio threatened her not to tell anyone.
- Subsequent Molestations: The victim was molested by Gopio on two other occasions in 1995. She remained silent due to fear of Gopio and shame.
- Medical Evidence: A medical examination in November 1996 confirmed the victim’s hymen was ruptured, corroborating her account of rape.
- Defense’s Claim: Gopio claimed he was in Novaliches selling fish during the alleged incidents. His wife testified that their store was always open, making it impossible for the crime to have occurred unnoticed.
Issue:
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Ruling:
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Ratio:
- Sufficiency of Information: The phrase “sometime in 1995” in the information was sufficient to apprise Gopio of the charges against him. In rape cases, the exact date is not an essential element of the crime.
- Credibility of the Victim: The victim’s testimony was consistent, credible, and unshaken during cross-examination. Her account was corroborated by medical evidence.
- Defense of Alibi: Gopio’s alibi was weak and unsupported by credible evidence. The victim’s positive identification of Gopio as the perpetrator outweighed his defense.
- Delay in Reporting: The victim’s delay in reporting the incident did not negate the truthfulness of her allegations. Fear of retaliation and shame are common reasons for such delays.
- Damages: The Court increased the moral damages to P50,000.00 and awarded P50,000.00 as civil indemnity, in line with prevailing jurisprudence. Nominal damages of P2,000.00 were awarded for the violation of the victim’s rights.