GR 134525; (February, 2003) (Digest)

G.R. No. 134525; February 28, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFREDO DELOS SANTOS @ ‘ONDONG’, accused-appellant.

FACTS

On November 2, 1995, in Basista, Pangasinan, eight-year-old Joy Cayabyab was defecating inside the comfort room of her family’s house when accused-appellant Alfredo delos Santos alias “Ondong” entered. He locked the door, removed his trousers, embraced and kissed her, and then lifted her. With her legs spread apart between his, he inserted his penis into her vagina, causing her pain. He warned her not to tell anyone before leaving. Joy later revealed the assault to her sister, Joan, who had seen the accused enter and remain in the comfort room for about half an hour. Their parents, upon returning home and noticing Joy’s fearful demeanor and a blood spot in the comfort room, learned of the incident. A medical examination revealed a partial hymenal laceration.
The defense presented a different narrative. The accused denied the rape, claiming he was elsewhere during the incident. Defense witnesses, including an Iglesia Ni Cristo minister, suggested the complaint was motivated by a land dispute, as the victim’s grandmother allegedly wanted the accused’s family to vacate their land. They also testified that the initial complaint within the church was only for acts of lasciviousness (kissing and touching) and that the family violated church protocol by filing a criminal case.

ISSUE

Whether the guilt of accused-appellant Alfredo delos Santos for the crime of rape has been proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. The Court found the testimony of the victim, Joy, to be credible, straightforward, and consistent. At ten years old during her testimony, her account of the sexual assault was given in a clear and convincing manner, even demonstrating to the court how she was positioned. The testimony of her sister, Joan, who witnessed the accused entering the comfort room, provided material corroboration. The medical finding of a hymenal laceration, while not conclusive by itself, was consistent with her testimony of penetration.
The Court rejected the defense’s theory of improper motive. The alleged land dispute was deemed insufficient to compel a family to subject a young child to the ordeal of a public trial and to fabricate a story of rape. The Court emphasized that the testimony of a child victim of rape, when credible, is accorded full weight and credit. The delay in the victim’s initial report to her parents was considered understandable for a child who was threatened and afraid. The accused’s denial, being inherently weak, could not prevail over the positive and categorical identification by the victim. The trial court’s decision finding the accused guilty of rape and sentencing him to reclusion perpetua was upheld, with the modification of awarding moral damages to the victim.