Title
People vs. Fetalco y Sablay
Case
G.R. No. 241249
Decision Date
Jul 28, 2020
A 4-year-old girl accused appellant of rape; despite inconsistencies in her testimony, the Supreme Court upheld his conviction, emphasizing the credibility of child witnesses and sufficiency of her account over medical evidence.
statutory rape
child victim
credibility of testimony

Case Summary (G.R. No. 241249)

Factual Background

The Information charged appellant with rape for allegedly having carnal knowledge of AAA, a female child born January 19, 2001, thereby four years old at the time of the alleged incident. Six days after the incident, AAA executed a Sinumpaang Salaysay in which she stated that the appellant inserted into her vagina his hairy male organ which she described as resembling a rat or “daga.” In subsequent testimonies over several years AAA variously described the object as a “daga,” as a fishball stick, and at one point recounted no bleeding of her private parts; she also gave inconsistent accounts as to whether the incident occurred at the appellant’s house or at her own house. AAA’s mother, BBB, testified that AAA disclosed the insertion of an object resembling a rat and that the alleged incident took place at the appellant’s house. A medico-legal report prepared by Police Chief Inspector Pierre Paul F. Carpio and dated July 23, 2005 was presented; the report documented shallow healed lacerations of AAA’s hymen at the nine o’clock position and concluded that there was clear evidence of penetrating trauma.

Trial Court Proceedings

At the Regional Trial Court, appellant pleaded not guilty and testified in denial, asserting an alibi that he was cleaning and later having lunch at his brother’s house on the morning of the incident, a dwelling one house away from AAA’s residence. The prosecution presented AAA, her mother BBB, and P/Supt. Dr. Ruby Grace Sabino-Dingson who authenticated the medico-legal report and testified regarding the findings. The RTC found that, despite inconsistencies in AAA’s statements, her testimony and the medico-legal findings established statutory rape beyond reasonable doubt. The RTC convicted appellant of statutory rape and sentenced him to reclusion perpetua without eligibility for parole, and ordered indemnity and damages in specified amounts.

Court of Appeals Ruling

The Court of Appeals affirmed the conviction but modified the award of damages. The CA found all elements of statutory rape present under Article 266-A, giving weight to the Sinumpaang Salaysay executed shortly after the incident and to the victim’s testimony despite inconsistencies that spanned several years. The CA held that the medical certificate is corroborative and that the victim’s credible testimony alone may suffice for conviction. The CA ordered damages of P75,000.00 for civil indemnity, P75,000.00 for moral damages, and P75,000.00 for exemplary damages, with interest at six percent per annum from finality.

Issues on Appeal to the Supreme Court

Appellant lodged a timely appeal raising four principal assignments of error: that the trial court gave undue credence to inconsistent testimony of AAA and BBB; that the prosecution failed to prove rape by sexual intercourse as charged in the Information; that the medico-legal report lacked probative value because the examining physician did not testify; and that the trial court improperly disregarded appellant’s defenses of denial and alibi.

Appellant’s Contentions

Appellant argued that material contradictions in AAA’s Sinumpaang Salaysay and later testimonies cast grave doubt on the prosecution’s case, particularly on the element of sexual intercourse. He further contended that the medico-legal report should be given little or no weight because the medico-legal officer who prepared the medical certificate did not personally testify in court. Appellant urged that his denial and alibi should have been credited.

Ruling of the Supreme Court

The Supreme Court dismissed the appeal and affirmed the conviction for statutory rape as modified. The Court upheld the findings of the RTC and the CA that the prosecution proved beyond reasonable doubt the two essential elements of statutory rape under Article 266-A: that the offended party was under twelve years of age and that the accused had carnal knowledge of her. The Court applied the settled rule that a victim’s age may be proved by birth certificate and that the lone testimony of a credible victim in rape cases is sufficient to sustain a conviction.

Legal Basis and Reasoning

The Court gave deference to the trial court’s credibility determinations, noting its superior opportunity to observe the demeanor of witnesses, a deference strengthened by the CA’s affirmance. The Court explained that inconsistencies in testimonial detail, particularly where testimony concerns a very young and traumatized child and spans several years, are not dispositive. The Court reiterated precedent that youth and immaturity are “badges of truth” and that a child victim is unlikely to invent a tale of rape given the shame, publicity, and trauma involved, citing authorities including People v. Piosang, People v. Chingh, and People v. Brioso. The Court held that the discrepancies regarding the identity of the object inserted and the precise locus were minor and did not negate AAA’s clear and categorical account that the appellant inserted his penis and also a fishball stick into her vagina. The Court further explained that a medico-legal report is corroborative; its absence or the non-production of the examining physician does not necessarily defeat a rape prosecution when the victim’s credible testimony proves the offense, citing People v. Hernando Bongos.

Sentence Classification and Damages

The Court recognized that the Information sufficiently alleg

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