G.R. No. 236544 - People vs. Loma y Obsequio

On January 9, 2007, an Information charged Efren Loma y Obsequio alyas "Putol" with statutory rape under Art. 266‑A(1)(d) in relation to Art. 266‑B, alleging that on or about October 21, 2006 at about 6:00 PM in Albay, he had carnal knowledge of AAA, a 10‑year‑old grade 1 pupil, with lewd intent.
Upon arraignment, accused pleaded not guilty. Trial ensued before the RTC of Ligao City (Criminal Case No. 5385). The RTC convicted him of simple rape (Art. 266‑A(1)(a)) and sentenced him to reclusion perpetua with damages. The Court of Appeals affirmed with modification as to damages. The accused appealed to the Supreme Court.

Testimony of BBB (mother of AAA): AAA arrived home on October 21, 2006 and told her she was sexually abused at a banana plantation by accused, a relative treated as family; BBB observed AAA’s vagina was swollen and a wound on the inner thigh; BBB changed AAA’s clothes and, with older daughter CCC, brought AAA to a clinic.
Medical evidence (Dr. James Margallo Belgira): Genital examination revealed a dilated and lacerated hymen at the 5 and 7 o’clock positions and a sharp posterior fourchette; doctor explained dilated hymen indicates an abnormally large opening and concluded findings showed blunt vaginal penetrating trauma; medico‑legal report corroborated injuries and presence of blood stains.

Testimony of accused: Claimed alibi — on October 21, 2006 he and his wife with Faustino Alcovendas went to Tiaong, Quezon to attend a pamamanhikan for his son’s would‑be bride, then proceeded to Cavite where his children studied; asserted he learned of charges only upon his arrest in December 2011 while attending his father’s wake.
Testimony of Alcovendas: Corroborated accused’s account that they left Basicao Coastal, Piudoran, Albay for Tiaong on October 20, 2006 to serve as cook during pamamanhikan.

RTC found accused guilty beyond reasonable doubt of simple rape under Art. 266‑A(1)(a). The RTC, however, held that the complainant’s age was not sufficiently proven because the prosecution failed to present AAA’s Certificate of Live Birth or to prove its unavailability; thus, conviction for statutory rape under Art. 266‑A(1)(d) could not stand.
Sentenced accused to reclusion perpetua and ordered indemnity of P50,000, moral damages P50,000, exemplary damages P30,000, with 6% interest on damages from finality.

CA affirmed conviction but modified the award of damages: ordered accused to pay P75,000 as civil indemnity, P75,000 as moral damages, and P75,000 as exemplary damages, plus 6% interest from finality.
Accused appealed to the Supreme Court contesting evidentiary rulings (hearsay/res gestae) and sufficiency of proof.

Whether the prosecution proved the essential elements of statutory rape (age of complainant, identity of accused, carnal knowledge).
Whether BBB’s testimony recounting AAA’s out‑of‑court statements is inadmissible hearsay or admissible as res gestae or independently relevant.
Whether, given the failure to prove complainant’s age, the evidence nonetheless supports conviction for simple rape (force element).
Whether accused’s alibi and corroborating testimony were credible and sufficient to raise reasonable doubt; whether accused’s absence from Basicao Coastal constituted flight indicative of guilt.