GR 182526; (August, 2010) (Digest)
G.R. No. 182526 ; August 25, 2010
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. LEONARDO DEGAY y UNDALOS @ CALDO, Accused-Appellant.
FACTS
Accused-appellant Leonardo Degay was charged with three counts of statutory rape against two minors, AAA (9 years old) and BBB (4 years old). The prosecution presented the testimonies of the victims, their relatives, and a medico-legal officer. AAA testified that on two separate occasions in March 2004, Degay brought her to his house and an “at-atoan,” undressed her, and had carnal knowledge. BBB testified that in May 2004, Degay brought her to a room, undressed her, and placed himself on top of her. Dr. Alma Lusad testified that both victims exhibited erythema or redness in their genital areas, consistent with contact. The defense consisted of denial and alibi, claiming the charges were fabricated due to a land dispute.
ISSUE
The core issue is whether the prosecution proved the guilt of the accused-appellant for three counts of statutory rape beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The Court emphasized that in statutory rape, the sole elements are: (1) sexual congress with a woman, and (2) that she is under 12 years of age. Force, intimidation, or consent are immaterial. The credible and categorical testimonies of the child victims, AAA and BBB, who consistently identified Degay as their assailant, are sufficient to establish the crime. The Court upheld the finding that their testimonies were straightforward, spontaneous, and unshaken by cross-examination. The medico-legal findings of erythema, while not conclusive of full penetration, corroborated the victims’ accounts of sexual contact. The defense of denial and alibi cannot prevail over the positive identification by the victims. The qualifying circumstance of the victim being under twelve years of age was duly proven by their birth certificates. Thus, the trial and appellate courts correctly found Degay guilty of three counts of statutory rape. The penalties of reclusion perpetua for each count and the awards of civil indemnity and moral damages were sustained.