Title
People vs. Perez y Alavado
Case
G.R. No. 208071
Decision Date
Mar 9, 2016
Accused-appellant convicted of raping his 13-year-old niece; Supreme Court affirmed guilt, modified damages, citing credible testimony and medical evidence.
rape
conviction
damages
A

Case Summary (G.R. No. 208071)

Factual Background

The prosecution anchored its case on the testimony of AAA. She stated that she was born on August 18, 1986 and that her parents were already separated. She lived with her father in Tugbungan, Zamboanga City. On December 24, 1999, AAA stayed with her mother at the house of appellant, her uncle by affinity, where she spent Christmas. AAA testified that on January 3, 2000, at about 4:00 a.m., she woke up inside appellant’s room and found appellant wearing only a white towel around his waist. She attempted to leave but appellant pushed her down, shut the door by kicking it, and then removed her skirt, raised her shirt, and took off her underwear, baring her breasts and vagina. She narrated that appellant kissed her and then removed his towel, mounted her, and inserted his penis into her vagina, causing her pain while he continued kissing her. She stated that she cried and kicked him but appellant did not stop. After the sexual assault, AAA testified that appellant cleaned her vagina with a shirt, told her to put on her underwear, and gave her P10.00.

AAA further explained her delay in reporting. She stated that on January 5, 2000, she went back to her father’s house, but she did not tell him about the incident until she was confronted by him. Her father, BBB, testified that on February 10, 2000, about 2:00 p.m., AAA’s brother informed him that he saw appellant holding AAA’s hair and kissing her. BBB then confronted AAA, who disclosed what had happened. BBB testified that they proceeded to barangay officials for advice and that they brought AAA for medical examination and for issuance of a medico-legal certificate.

The medical evidence came from Dr. Marian Calaycay, who examined AAA and testified that the medico-legal certificate showed that AAA’s hymen had complete healed lacerations at the four o’clock and eight o’clock positions. The doctor also testified that the labia majora and labia minora were apposed, that the introitus admitted one finger with ease, and that AAA’s pubic hair were sparsely distributed. She stated that AAA’s breasts were not yet fully developed and that she tested negative for spermatozoa. Dr. Calaycay further testified that several possible agents could have caused AAA’s lacerations, including an erect penis. The police investigator PO3 Maria Enriquez testified that she received the complaint assignment sheet from BBB, together with AAA’s medico-legal certificate and birth certificate, and that after taking statements, she was convinced that rape was committed and prepared the case report for filing of charges.

Accused-Appellant’s Defense

Appellant interposed denial and alibi. He testified that on the relevant date and time he did not sleep in his room because he was out driving his passenger tricycle. He also claimed that relatives from Curuan, consisting of families of his in-laws, were visiting and slept in the living room of their house, where all household members stayed, which, he asserted, made it unlikely for him to transport AAA to his room without waking anyone. He further attempted to frame the complaint as motivated by BBB’s personal grudge. Appellant claimed he sometimes scolded AAA and BBB’s other children. He also testified that he incurred BBB’s ire because he made known that he did not like the presence of BBB’s children due to their “itchy hands.”

To corroborate alibi, the defense presented six (6) witnesses: Anabel Perez, appellant’s daughter; Khoki Uwano Perez, appellant’s nephew who lived with him; Clarita Perez, appellant’s wife; Abigail Perez, another daughter; Edwin Andico, appellant’s brother-in-law; and Mercedita Marquez, appellant’s sister.

Trial Court Proceedings

On May 15, 2002, the RTC found appellant guilty beyond reasonable doubt of rape and imposed reclusion perpetua. It ordered him to indemnify the offended party P100,000.00 and to pay costs. The RTC held that the prosecution proved appellant’s carnal knowledge of AAA beyond reasonable doubt. It found AAA’s testimony categorical, and it ruled that even under stringent cross-examination AAA did not commit any material inconsistency that would impair credibility. The RTC disregarded appellant’s argument that AAA’s more than one-month delay in reporting should negate her testimony, citing jurisprudence that delay in reporting rape, especially when threats or fear exist, cannot be taken against the accused. It also rejected the theory that rape was improbable because other people were in the house, finding it consistent with jurisprudence that rape may occur even with third persons present. On appellant’s alleged ill motive attributed to BBB, the RTC found it unthinkable that a young victim would endure public shame and humiliation by allowing an examination of her private parts and by undergoing court proceedings if she did not seek justice for the wrong committed.

With respect to the defense witnesses, the RTC acknowledged that the defense presented several testimonies but did not believe them. It reasoned that they were mostly appellant’s direct relatives by consanguinity or affinity who depended on him and resided in his house, creating a risk of bias and loyalty. It observed that it would have been different if the defense had presented at least two or three of the visitors from Curuan, whom appellant claimed had been sleeping in the living room; it found their attendance readily possible given Curuan’s proximity to the city proper.

The RTC concluded that the defense of absolute denial was easily fabricated and failed in the face of AAA’s positive identification and the absence of clear and convincing evidence to support the defense.

Appellate Review by the Court of Appeals

Appellant appealed to the CA. On February 27, 2013, the CA affirmed the conviction. It reiterated that the RTC correctly gave full weight to AAA’s testimony. It held that AAA’s identification of appellant as the perpetrator was straightforward and clear and that it was unlikely for her, as a youth, to falsely accuse her uncle of rape. The CA also found that any inconsistencies referred to minor details and did not undermine credibility. The CA emphasized that a rape victim should not be expected to mechanically retain and recount every detail of a frightening experience.

The CA modified damages. It reduced the RTC’s award from P100,000.00 to P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages. It reasoned that civil indemnity is mandatory upon a finding that rape occurred and that moral damages are awarded to rape victims without need of proof other than the fact of rape. For exemplary damages, it relied on People v. Dalisay and Art. 2229 of the Civil Code, concluding that exemplary damages may be awarded where the offender’s conduct is highly reprehensible or outrageous, even absent an aggravating circumstance.

Appellant’s Assignment of Errors and Arguments

Appellant filed a Notice of Appeal on March 14, 2013 and argued in his brief that the CA erred in convicting him despite the prosecution’s failure to prove guilt beyond reasonable doubt. He asserted that AAA’s testimony contained serious inconsistencies. He also maintained that it was beyond human nature for AAA to be transported to appellant’s room without anyone noticing, given that other persons were asleep in the living room. Appellant further found it surprising that AAA did not immediately report the alleged incident to her parents or relatives despite having the opportunity.

Legal Basis and Reasoning of the Supreme Court

The Supreme Court affirmed appellant’s conviction for rape, modifying only the damages award.

The Court reiterated that the elements of rape under Article 266-A, paragraph one (1) of the Revised Penal Code, as amended by R.A. No. 8353, require proof that a man had carnal knowledge of a woman under circumstances such as by force, threat, or intimidation, among others. The Court emphasized a consistent principle: it gives primordial consideration to the credibility of a rape victim’s testimony. Because rape is often committed in isolation, the Court held that when a victim’s testimony is logical, credible, consistent, and convincing, an accused may be convicted solely on that basis.

Applying that standard, the Court found AAA’s testimony as assessed by the RTC and affirmed by the CA to be categorical, straightforward, spontaneous, and frank. The Court agreed that despite stringent cross-examination, AAA remained steadfast and made no material inconsistency that would undermine her credibility. It held that the purported inconsistencies raised by appellant pertained only to minor details. The Court likewise adopted the guidelines in People v. Sanchez, stressing the high respect accorded to the RTC’s evaluation of witness demeanor, the general rule binding appellate review on lower court findings absent a substantial reason, and the further stringency where the CA concurred with the RTC. The Court reasoned that rape victims are not expected to mechanically preserve and reproduce every detail of a traumatic experience. It held that inaccuracies and inconsistencies are generally expected and do not automatically warrant acquittal.

On the defense theory of alibi based on the presence of relatives, the Supreme Court found no persuasive basis to disturb the concurrent findings. It also did not treat the delay in reporting, the alleged lack of motive, or the manner in which the incident was allegedly carried out as sufficient to overcome the victim’s credible narration, consistent with the RTC and CA rulings.

Modification of Damages: Civil Indemnity and Moral Damages

Although the Court affirmed the conviction, it modified the amounts of damages awarded.

The Supreme Court explained that the CA had increased civil indemnity and moral damages to P75,000.00 each by reference to prevailing jurisprudence applicable to cases where qualifying circumstances warranting the imposition of the death penalty exist. Th

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