Case Summary (G.R. No. 209835)
Procedural History
– Complaint originally filed July 7, 2000 for acts of lasciviousness; upgraded to rape.
– RTC Ligao City, Branch 13, Criminal Case No. 4134, Decision January 17, 2003: convicted Sarcia of statutory rape; penalty of reclusion perpetua; P50,000 civil indemnity; P50,000 moral damages.
– CA Manila, CA-G.R. CR-HC No. 00717, Decision July 14, 2005 (en banc): affirmed conviction; increased penalty to death; raised civil indemnity to P75,000; awarded P25,000 exemplary damages.
– Supreme Court automatic review under A.M. No. 00-5-03-SC; final decision September 10, 2009.
Applicable Law
– 1987 Philippine Constitution governs.
– Revised Penal Code Article 335, as amended by R.A. 7659: statutory rape of a child under seven carries death penalty if qualified.
– Article 68(2) RPC: privileged mitigating circumstance of minority (under 18).
– Civil Code Articles 104, 107, 2204, 2229: civil indemnity, moral and exemplary damages.
– R.A. 9344 (Juvenile Justice and Welfare Act of 2006) for disposition of child offenders.
Facts of the Offense
In 1996, five-year-old AAA was playing near a mango tree when Sarcia invited her to a backyard. Her cousin followed and saw Sarcia remove AAA’s clothing, lie on top of her, and insert his penis into her vagina, causing pain. AAA cried, returned home, and later medical examination by Dr. Reantaso (interpreted by Dr. Manatlao) revealed a perforated hymen but no lacerations.
Trial Court Findings
– Credited AAA’s and her cousin’s testimonies as positive, straightforward, and consistent on the principal occurrence.
– Held that inconsistencies were minor and expected from young witnesses.
– Recognized delay in filing due to parents’ financial constraints and the victim’s fear.
– Rejected defense alibi and conspiracy theory involving a separate murder charge.
– Imposed reclusion perpetua and civil/damages awards.
Court of Appeals Modifications
– Upheld conviction but increased penalty from reclusion perpetua to death based on statutory qualification (victim below seven).
– Enhanced civil indemnity to P75,000; moral damages remained P50,000; exemplary damages added at P25,000.
Supreme Court’s Credibility Analysis
– Affirmed RTC’s assessment of the victim and cousin as credible despite slight contradictions.
– Emphasized that minor inconsistencies on collateral details do not undermine the core narration.
– Recognized victim’s age and inexperience in court justify allowance for inaccuracy.
Delay in Filing and Legal Precedent
– Held that reasonable delay does not discredit rape victims; fear and stigma commonly cause hesitation.
– Cited People v. Coloma: an eight-year delay in reporting rape was understandable.
– Found parents’ explanation (financial inability) justified four-year delay.
Statutory Rape Elements and Conclusive Presumption
– Since AAA was under 12, proof of force, threats, or intimidation was unnecessary.
– Conclusive presumption of absence of consent applies to victims below 12 years old.
Medical Evidence and Its Relevance
– Absence of lacerations or scars does not negate rape.
– Medical report (perforated hymen) is consistent with trauma but is not indispensable; victim’s testimony suffices.
Defense of Denial and Alibi
– Denial and alibi are weak defenses when confronted with consistent positive identification by the victim and eyewitness.
– The trial court properly rejected the conspiracy theory involving another crime.
Mitigating Circumstance: Minority
– Sarcia was born after January 16, 1978; in 1996 he was 17 or 18.
– All doubts on the exact date of the offense resolved in favor of the accused for purposes of minority.
– Privileged mitigating circumstance of minority (Article 68(2) RPC) reduces penalty one degree: death → reclusion perpetua.
Civil Liability and Damages
– Civil indemnity is compensatory for victim and family losses; moral damages compensate mental suffering.
– In qualified rape cases (circumstances
Case Syllabus (G.R. No. 209835)
Procedural History
- RTC Ligao City, Branch 13, Crim. Case No. 4134: accused-appellant found guilty of rape, sentenced to reclusion perpetua, P50,000 civil indemnity, P50,000 moral damages, costs
- Appeal to CA docketed as CA-G.R. CR-HC No. 00717: judgment affirmed with modifications—death penalty imposed, civil indemnity increased to P75,000, moral damages P50,000, exemplary damages P25,000
- Automatic elevation to SC under A.M. No. 00-5-03-SC for death penalty cases; briefs and supplemental briefs filed; OSG waived supplemental brief
Facts of the Case
- Victim AAA, 5-year-old girl, allegedly raped in 1996 at Barangay Dona Tomasa, Guinobatan, Albay
- AAA and her cousin playing near Saling Crisologo’s yard when appellant invited AAA to the backyard
- Unknown to appellant, AAA’s cousin followed at about five meters distance
- Appellant removed clothing, lay atop AAA, inserted his penis into her vagina, causing severe pain and crying
Prosecution Evidence
- Testimony of AAA: described invitation, undressing, penetration, pain (“aray”) and fear of reporting
- Testimony of AAA’s cousin: eyewitness account of the push-and-pull motion and immediate reporting to AAA’s mother
- Testimony of AAA’s father: delay in filing due to lack of money, eventual complaint in July 2000
- Medico-legal certificate by Dr. Reantaso, interpreted by Dr. Joana Manatlao: complete hymenal perforation, no introital lacerations or scars
Defense Evidence and Arguments
- Accused’s denial: no knowledge of AAA, father’s financial dealings, alleged instigation by Salvacion Bobier to bolster unrelated murder case
- Alibi and lack of force: appellant claimed no presence at incident site, no threats or intimidation used
- Highlighted four-year delay, alleged inconsistencies in child witnesses’ statements
- Reference to purported dismissal of original lasciviousness complaint
Issues Raised on Appeal
- Credibility of AAA, her cousin and father challenged due to minor inconsis