Case Summary (G.R. No. 177232)
Key Dates
• Sexual incidents: June 14–22, 1996; additional encounters June 29, July 2, July 20, 1996.
• Filing of informations: December 16, 1996.
• Arraignment: January 29, 1997.
• NBI forensic examination: August 23, 1996.
• RTC conviction: unpublished date.
• Supreme Court decision: November 16, 2001.
Applicable Law and Constitutional Basis
• 1987 Constitution: presumption of innocence (Art. III, Sec. 14), due process (Art. III, Sec. 1), state policy to protect the family and minors (Art. II, Secs. 12–15).
• Revised Penal Code (RPC):
– Art. 335(3), statutory rape (victim under 12 years).
– Art. 336, acts of lasciviousness.
• Republic Act No. 7610 (Child Abuse Law), Sec. 5(b), lascivious conduct with a child exploited in prostitution.
• Republic Act No. 7659, amending Art. 335 as regards statutory rape.
• Jurisprudence on child‐witness credibility, penetration sufficiency, and official-records evidence.
Factual Background
The victim, Rosilyn, was prostituted by her guardian, Simplicio Delantar, from the age of five. In February 1996, she was introduced by Suarez to Congressman Jalosjos, who offered to “adopt” her and launch an acting career. He brought her to his Makati condominium on multiple evenings and mornings between June 14 and 22, 1996. On those occasions he kissed her lips, fondled her breasts, inserted his finger into her vagina, pressed and rubbed his penis (“idinikit-dikit,” “itinutok,” “idiniin-diin”) against her labia, and ejaculated on her thighs. Similar acts recurred on June 29, July 2 and July 20, 1996. Rosilyn eventually escaped and filed charges.
Charges, Trial and Verdict Below
RTC Makati, Branch 62, Criminal Case Nos. 96-1985 to 96-1993 etc.:
• Two counts of statutory rape (Art. 335(3), RPC) – conviction.
• Twelve counts of acts of lasciviousness (Art. 336 RPC in relation to R.A. 7610, Sec. 5(b)) – six convictions (96-1987 to 96-1993), six acquittals (96-1991, 96-1994 to 96-1998).
Sentence imposed:
• Statutory rape – reclusion perpetua each, P50,000 moral damages each.
• Acts of lasciviousness – indeterminate 8 years 8 months 1 day to 15 years 6 months 20 days each, P20,000 moral damages each.
Issues on Appeal
- Credibility of the minor complainant amid alleged inconsistencies and omissions.
- Application of falsus in uno, falsus in omnibus doctrine.
- Victim’s inability to identify accused in pretrial photographs.
- Victim’s age as under or over twelve at the time of offenses.
- Sufficiency of proof of carnal knowledge (penetration).
- Validity of accused’s alibi and denial defenses.
Assessment of Victim’s Credibility
• Falsus in uno doctrine is not absolute; trial court best observes demeanor and resolves credibility (People v. Yanson-Dumancas).
• Complainant’s detailed, spontaneous, consistent in-court testimony outweighed minor hesitations typical of child witnesses.
• Pretrial affidavits lacked legal terminology (“rape”) but omissions reflect victim’s unfamiliarity with technical definitions, not falsity.
• In-court positive identification cures weak out-of-court photo lineups (People v. Vasquez; People v. Timon).
• Minor’s imperfect estimation of age and failure to note a mole are immaterial to facial recognition of accused.
Proof of Penetration and Carnal Knowledge
• Jurisprudence holds that slightest penetration of labia suffices to consummate rape (People v. Campuhan; People v. Mangalino; People v. Galimba).
• Victim’s use of “idinikit-dikit,” “itinutok,” “idiniin-diin” and the pain felt “inside my vagina” establish actual contact/pressure of accused’s penis against her labia.
• Repeated descriptions across separate dates demonstrate consummation beyond mere lascivious contact.
Victim’s Age and Documentary Evidence
• Birth certificate and baptismal certificate (May 11, 1985) corroborated by Jose Fabella Memorial Hospital records (Cord Dressing Book, Master List of Live Births, patient file) establish that victim was eleven at the time.
• Even assuming cancellation of civil‐registry document, hospital records are official entries admissible under Rule 44, P.D. 651, and conclusively prove her date of birth.
Alibi and Denial Defenses
• Acquittals affirmed where accused proved absence (counts June 29–July 3 in Dipolog/Dapitan).
• For incidents June 14–22 (morning and evening), accused presented no evidence of absence or physical impossibility of being in Makati.
• Flight schedule (9:40 a.m. PAL) did not preclude morning acts on June 16; defense of alibi must fail where timetable does not exclude presence.
Constitutional and Statutory Rape Principles
• Under the
Case Syllabus (G.R. No. 177232)
Facts of the Case
- Victim: Maria Rosilyn Delantar, eleven (11) years old, minor under the guardianship of Simplicio Delantar (her “foster father” and pimp).
- Guardian sold Rosilyn and her brother Shandro for commercial sex; introduced Rosilyn to accused in February 1996.
- Accused-appellant: Romeo G. Jalosjos, Member of Congress, promised to help Rosilyn become an actress and to adopt her; meetings held at his office and his condominium (Room No. 1702, Ritz Towers, Makati City).
- Series of encounters (June 14 – July 21, 1996): kissing on lips, fondling of breasts, insertion of finger into victim’s vagina, pressing and “pumping” of his penis against her labia, resulting in ejaculation on her thighs.
- Victim’s plea to guardian after morning encounter on June 15: “He might insert his penis into my vagina,” showing her fear and pain.
Procedural History
- August 23, 1996: Medical examination by Dr. Emmanuel L. Aranas—non-virgin state, healed hymenal lacerations at 3 o’clock and 8 o’clock positions; no external violence.
- December 16, 1996: Filed two (2) informations for statutory rape (June 18 and 20, 1996) under Art. 335(3), RPC; twelve (12) informations for acts of lasciviousness (June 14, 15, 16, 20, 21, 22, 29, 30, July 2, 3, 20, 21, 1996) under Art. 336 RPC, in relation to Sec. 5(b), RA 7610.
- Arraignment (January 29, 1997): Accused refused to plead—court entered plea of not guilty.
- Trial: Prosecution presented eight (8) main witnesses, seven (7) rebuttal witnesses, Exhibits A–EEEE; defense presented twenty-six (26) witnesses, Exhibits 1–153.
- RTC Makati, Branch 62 Decision: Convicted accused-appellant of two (2) counts of statutory rape and six (6) counts of acts of lasciviousness (acquitting him on six (6) other lasciviousness counts).
- Appeal to the Supreme Court of the Philippines.
Issues on Appeal
- Whether the victim’s testimony—despite perceived inconsistencies, omissions in affidavits, and alleged coaching—was credible beyond reasonable doubt.
- Application of the doctrine falsus in uno, falsus in omnibus (false in one, false in all).
- Validity of victim’s identification of accused, out-of-court and in open court.
- Proof of victim’s age (below twelve (12) years old) at time of offenses.
- Whether acts described by victim constituted consummated rape and/or lascivious conduct.
- Sufficie