GR 208749; (November, 2014) (Digest)
G.R. No. 208749 November 26, 2014
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ANECITO ESTIBAL y CALUNGSAG, Accused-Appellant.
FACTS
An Information was filed accusing Anecito Estibal of raping his 13-year-old daughter, AAA, on February 5, 2009, in Taguig City, with the qualifying circumstances of relationship and minority. The accused-appellant pleaded not guilty. During pre-trial, the victim’s mother, BBB, attempted to desist from the case, but the court proceeded. The prosecution presented stipulated testimonies: Dr. Jesille Baluyot’s medico-legal report indicated findings “diagnostic of previous blunt force or penetrating trauma” to AAA’s hymen; Barangay Security Force members Estudillo and Perlas testified they arrested the accused-appellant based on a report from AAA and her mother; and PO3 Fretzie Cobardo, the investigating officer, testified she took AAA’s sworn statement. AAA and BBB did not testify despite subpoenas. PO3 Cobardo, on clarificatory questioning, stated that during her investigation, AAA and BBB were crying; AAA narrated, without being coached and without leading questions, that her father had sexually abused her for several years, starting when she was in Grade III, and specifically raped her on the morning of February 5, 2009. PO3 Cobardo was convinced AAA was telling the truth. The defense consisted of denial, with the accused-appellant claiming he was asleep at the alleged time and suggesting AAA’s uncles influenced the complaint.
ISSUE
Whether the accused-appellant is guilty beyond reasonable doubt of the crime of rape.
RULING
The Supreme Court affirmed the conviction. The trial court correctly admitted PO3 Cobardo’s testimony regarding AAA’s narration as part of the res gestae, as the statements were made spontaneously shortly after a startling occurrence (the rape) and while AAA was under the stress of that event, as evidenced by her crying. This spontaneous declaration carries a high degree of credibility. The medico-legal findings corroborated the fact of sexual abuse. The accused-appellant’s denial cannot prevail over the positive evidence presented by the prosecution. The qualifying circumstances of minority and relationship were duly alleged and proven. The Court modified the damages awarded, increasing the civil indemnity and moral damages to P100,000.00 each and exemplary damages to P100,000.00, pursuant to prevailing jurisprudence. The penalty of reclusion perpetua without eligibility for parole was affirmed.