G.R. Nos. 137199-230; August 23, 2001
People of the Philippines, plaintiff-appellee, vs. George Alay-ay y Juderias, accused-appellant.

FACTS

Accused-appellant George Alay-ay y Juderias was convicted by the Regional Trial Court (RTC) of Manila of rape in Criminal Case No. 97-157054 and acts of lasciviousness in Criminal Case No. 97-157055. He was sentenced to reclusion perpetua for rape and a prison term for acts of lasciviousness. The appeal for the acts of lasciviousness conviction was dismissed as it was not appealed to the Court of Appeals and had become final. Thus, the Supreme Court review was limited to the rape conviction. The Information alleged that sometime in April 1996 in Manila, the accused had carnal knowledge of Karen Jane Estrada, a child under twelve years of age, by using force and intimidation. The prosecution presented the testimony of the complainant, Karen Jane Estrada, who was born on November 26, 1984. She testified that during her summer vacation in April-May 1996 at her aunt’s house in Manila, the accused, who was also residing there, sexually abused her. The acts began with lascivious conduct (kissing, touching, and inserting a finger into her private part) while they were watching television and her cousin was told to go upstairs. About a week later, the accused forcibly raped her on a sofa while others in the house were upstairs. The accused threatened to kill her if she reported it. A similar lascivious act occurred in April 1997 during another vacation. The complainant eventually revealed the abuse to her aunt and grandmother in May 1997 after being teased about having a boyfriend, leading to the filing of a complaint with the NBI. The prosecution also presented the testimonies of the complainant’s cousin, Glynness Gerald Gelido, who witnessed the initial lascivious act; her aunt, Leonida Galimba, who accompanied her to the NBI; and NBI Agent Mamerto Espartero, who investigated the case. The defense presented the accused and other witnesses who denied the allegations and claimed the charges were fabricated due to a grudge.

ISSUE

The primary issue is whether the accused-appellant is guilty beyond reasonable doubt of the crime of rape.

RULING

The Supreme Court affirmed the conviction for rape. The Court found the testimony of the private complainant, Karen Jane Estrada, to be credible, straightforward, and consistent. Her testimony was corroborated on material points by her cousin, Glynness. The Court emphasized that the testimony of a rape victim, especially a minor, is accorded great weight. The defense of denial and alibi was deemed weak and unsubstantiated, especially against the positive identification by the complainant. The Court also noted that the delay in reporting the rape, attributed to the accused’s threats and the complainant’s fear, was sufficiently explained and did not undermine her credibility. The accused’s claim that the charges were fabricated due to resentment over a previous scolding was not credible. The Court modified the award of damages, increasing the civil indemnity to P75,000.00 and awarding moral damages of P75,000.00 and exemplary damages of P25,000.00. The appealed Decision of the RTC convicting the accused of rape and sentencing him to reclusion perpetua was AFFIRMED with the modification on damages.