G.R. No. L-15163 - Elizalde Rope Factory, Inc. vs. Social Security Commission

On October 10, 2000, the appellant, Antonio Otos alias Antonio Omos, was charged in the Regional Trial Court (RTC), Branch 2, Tagum City, Davao del Norte.
He was accused of committing multiple rape against his five-year-old stepdaughter, referred to as AAA, with the alleged acts beginning on June 14, 2000, and continuing thereafter.
During the course of the crime, the appellant is alleged to have:

Brought the victim to a cornfield in their farm.
Laid her down, removed her garment (panty), and inserted his penis into her vagina, causing extreme pain.
Threatened the victim with death if she disclosed the incident to her mother, BBB.

The victim, AAA, testified in court detailing those sordid events, indicating that the abuse occurred "many" times.

AAA’s testimony was both candid and straightforward despite her being very young (six years old when testifying).
Medical examinations documented physical injuries:

BBB had fabricated the charges out of anger following his alleged violent treatment of her.
He challenged the absence of certain medical evidence, insisting that there was no substantiation of penetration.

On November 29, 2005, the RTC found the appellant guilty of qualified rape.
The court gave weight to AAA’s testimony and dismissed the appellant’s argument regarding the absence of medical evidence confirming penile penetration.
The appellant was sentenced to the penalty of death, along with orders to pay damages amounting to P100,000.00 as civil indemnity and to shoulder court costs.

The CA affirmed the clear, spontaneous, and unambiguous testimony of AAA, which implicated the appellant.
It rejected the defense’s contention that the victim’s injuries could have been caused by an infection or minor scratches.
Owing to the absence of independent evidence regarding AAA’s age (no birth certificate or similar document was presented) and the clarification on the nature of the relationship (the appellant was confirmed as the common-law spouse of BBB, not the stepfather), the CA:

P50,000.00 as moral damages,
P50,000.00 as civil indemnity, and
P25,000.00 as exemplary damages, which was later increased to P30,000.00 during the final review.

In cases where the victim is a child, the absence of extensive medical evidence confirming penetration does not negate the commission of rape.
The key element was the testimony of the victim, which sufficiently established that there had been penetration, however slight.

The prosecution’s failure to present independent evidence (such as a birth or baptismal certificate) to unequivocally establish the victim’s age at the time of the crime.
The clarification regarding the appellant’s relationship to the victim.

Consequently, the appellant was sentenced to reclusion perpetua and the damages were modified in line with prevailing jurisprudence.

Whether the straightforward and candid testimony of the young victim was adequate to establish the commission of rape, despite the absence of corroborative independent medical evidence regarding full penetration.
The issue of whether the presence of physical signs (such as labial abrasions) served as sufficient evidence of penetration in rape cases.

Whether the failure of the prosecution to present independent documentation (e.g., the birth certificate or baptismal certificate of the victim) mandatorily warranted a downgrade from qualified rape to simple rape.
The legal implications of not having a positive and unequivocal manifestation of the victim’s age in the context of statutory penalties.

Whether the imposition of the death penalty by the RTC was appropriate in light of the evidentiary issues surrounding the victim’s age.
The justifiability of modifying the damages, specifically increasing the exemplary damages to P30,000.00 as aligned with legal precedents.