G.R. No. 248113 , December 07, 2021
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CHRISTOPHER SANAY Y APAREJANO A.K.A. “KUYA CHRIS,” ACCUSED-APPELLANT.

FACTS

Accused-appellant Christopher Sanay y Aparejano was charged with two counts of Qualified Rape under Article 266-A(1)(a), in relation to Article 266-B of the Revised Penal Code. The Informations alleged that in the first week of February 2012 and the second week of March 2012, in Antipolo City, the accused, by means of force, threat, and intimidation, had sexual intercourse with AAA, his live-in partner’s eight-year-old daughter, against her will.
The prosecution presented AAA, her mother BBB, and Police Chief Inspector Maria Anna Lissa Dela Cruz, the medico-legal officer. AAA testified that in February 2012, while she was asleep with her siblings, the accused, who was drunk, lay beside her, unzipped his pants, and inserted his penis into her vagina, causing pain. In March 2012, while sleeping at her aunt’s house, the accused woke her, turned off the light, undressed her, and again inserted his penis into her vagina. AAA did not immediately report the incidents. BBB learned of the incidents from AAA’s younger sister and later from AAA herself after noticing AAA’s distressed behavior. PCI Dela Cruz’s medico-legal examination revealed congestion or redness in AAA’s hymenal region, with findings that were non-specific but from which sexual abuse could not be totally excluded. The defense presented only accused-appellant, who denied the allegations, claiming he was working in Marikina City during the alleged incidents and that AAA was living with a relative in Antipolo.
The Regional Trial Court (RTC) found accused-appellant guilty beyond reasonable doubt of two counts of Simple Rape, sentencing him to reclusion perpetua for each count and ordering him to pay civil indemnity, moral damages, and exemplary damages. The RTC held that the prosecution established all elements of rape through AAA’s credible testimony, and that accused-appellant’s denial and alibi were unsubstantiated. However, it ruled that the qualifying circumstances of minority and relationship were not sufficiently proven, as AAA’s minority was established only by her mother’s testimony without a birth certificate or other documentary evidence. The Court of Appeals (CA) affirmed the conviction but modified the damages, increasing the awards for civil indemnity, moral damages, and exemplary damages to ₱75,000.00 each per count, with legal interest.

ISSUE

Whether the Court of Appeals erred in affirming accused-appellant’s conviction for two counts of rape.

RULING

The Supreme Court denied the appeal and affirmed the CA Decision with modifications. The Court held that all elements of rape under Article 266-A(1) of the Revised Penal Code were proven beyond reasonable doubt through AAA’s clear, consistent, and credible testimony, which detailed the use of force and intimidation by accused-appellant, a person in moral ascendancy over her. The Court found AAA’s testimony to be straightforward and unshaken by cross-examination, and it was corroborated by her mother’s testimony and the medico-legal findings of hymenal congestion, which supported the claim of sexual abuse.
The Court rejected accused-appellant’s defense of denial and alibi, noting that he failed to prove it was physically impossible for him to be at the crime scene. The Court also upheld the lower courts’ finding that the qualifying circumstances of minority and relationship were not sufficiently proven. While AAA’s mother testified about AAA’s age, no birth certificate or other authentic document was presented, and the testimony did not meet the requisite standard of proof for age under prevailing jurisprudence. Consequently, accused-appellant was correctly convicted of two counts of Simple Rape, not Qualified Rape.
Regarding damages, the Court modified the awards in line with current jurisprudence. For each count of simple rape, accused-appellant is ordered to pay AAA ₱75,000.00 as civil indemnity, ₱75,000.00 as moral damages, and ₱75,000.00 as exemplary damages. All monetary awards shall earn legal interest at 6% per annum from the finality of the judgment until fully paid.