Facts:
On automatic review is the Decision dated July 27, 2007 of the Court Appeals in CA-G.R. CR-HC No. 00315 which affirmed with modification the Decision dated October 1, 2003 of Branch 30, Regional Trial Court (RTC) of Iloilo City in Criminal Case No. 52407 convicting beyond reasonable doubt accused-appellant
Herminigildo Salle Sobusa of
qualified rape defined and penalized under Articles
266-A and
266-B of the
Revised Penal Code, as amended. The information alleged that sometime, a few days before the Holy Week of the year 2000, in the Municipality of San Miguel, Province of Iloilo, and within the jurisdiction of the court, Sobusa, with
lust and lewd design, by
force and intimidation, had carnal knowledge of
[AAA], his stepdaughter and a minor, ten (ten) years of age, “against her will and consent.” Sobusa pleaded not guilty and the case proceeded to trial after a pre-trial conference where the defense admitted the identity of the offended party as Sobusa’s stepdaughter, the marriage between Sobusa and the complainant’s mother, and that the complainant was a minor at the time of the incident. The prosecution’s evidence showed that
[AAA] was born on October 3, 1989 and thus was a minor at the time of the incident a few days before Holy Week; after Sobusa married her mother, [AAA] lived with her grandmother and thereafter with her mother and stepfather. When her mother left for Taiwan in November 1999, [AAA] was placed under the custody of her aunt [DDD], and later, in February 2000, she was transferred to the house of Sobusa, where she stayed until April 2000. [AAA] testified that before April 17, 2000 (Holy Week), she was asleep in her room when around a quarter to nine in the evening she felt that someone was “mashing” her whole body, woke up, and saw Sobusa whom she called “papa”; Sobusa covered her mouth with his palm because she was afraid and did not shout. She narrated that Sobusa undressed himself, pulled down her shorts and panty to her knees, and inserted his penis into her vagina with only slight penetration; she said Sobusa performed a push and pull movement for not too long while she lay face down and then changed her position by letting her lie on her back, kissed her, and mashed her body, after which he stood up and went to the comfort room. [AAA] claimed that after the incident she noticed her pillow wet with bloodstains under a fluorescence lamp; she told Sobusa she was bleeding, and Sobusa told her to keep quiet because he would wash the pillow and her panty. She did not immediately tell others, but she said her aunt [DDD] later learned of the incident; [AAA] also stated that after her friends advised her to tell everything to [DDD], the incident was reported to the barangay captain and to the Municipal Hall, which led to the issuance of a warrant of arrest. A medico-legal examination conducted by Dr. Leah Cambronero (as identified by another physician who testified) produced the impression of
incomplete old healed hymenal laceration at the “ten and twelve o’clock positions” and fungal infection, with expert explanation that the laceration could have been inflicted about a month or more prior to examination depending on healing, including by trauma such as forcible insertion of a stiff penis, and that the presence of numerous pus cells could be consistent with possible fungal infection potentially caused by sexual intercourse. [DDD] corroborated [AAA] on material aspects of custody and the date when [AAA] later disclosed she had been raped and when [DDD] confronted Sobusa. The defense evidence consisted mainly of Sobusa’s denial and an alibi that, because he worked as a security guard, he was on night shift duty from 3:00 p.m. to 11:00 p.m. or from 11:00 p.m. to 7:00 a.m., except as claimed, and he asserted that the accusation was instigated by [DDD] and other relatives due to their alleged disapproval of his marriage. He further denied knowledge of any lacerations, and speculated that [AAA] may have caused them or that her boyfriend could have caused them. Sobusa and his witness corroborated the existence of the alleged family hostility and his surrender to the police. On rebuttal, the prosecution introduced evidence through Severino Pago, Chief Security at the PNB main branch, who testified about the company
Daily Time Records, indicating the dates when Sobusa reported for night duty and dates when he reported for day duty or was not on duty, and the prosecution also elicited from [AAA] that while she was not fully certain, she was sure the rape occurred between April 11 and 15, 2000. The RTC found Sobusa guilty beyond reasonable doubt of qualified rape under Article 266-A, par. (1), qualified by the circumstances under Article 266-B, par. (1), and imposed the
supreme penalty of death, with civil indemnity and moral damages. On appeal, the Court of Appeals affirmed with modification, reducing the penalty to
reclusion perpetua, increasing moral damages, and ordering exemplary damages in the amounts of
P75,000.00 civil indemnity,
P75,000.00 moral damages, and
P25,000.00 exemplary damages. On final review, the Supreme Court affirmed the conviction with modification only as to exemplary damages, raising them to
P30,000.00, and ordered legal interest at six percent from date of the decision until full payment.
Issues:
Whether the conviction of
Herminigildo Salle Sobusa for
qualified rape was supported by proof beyond reasonable doubt, considering the alleged lack of credibility of the complainant and the defenses of denial, ill motive, alibi, and purported voluntary surrender.
Ruling:
Ratio:
Doctrine: