GR 123267; (December, 1999) (Digest)
G.R. No. 123267 -68 December 9, 1999
People of the Philippines vs. Anthony Apostol alias “Otoy”
FACTS
Accused-appellant Anthony Apostol was charged with two counts of statutory rape against Amy Tacuyan, a minor. The informations alleged that on September 1 and 14, 1993, in Nueva Valencia, Guimaras, Apostol, by force, threats, and intimidation, and while armed with a knife on the second occasion, had carnal knowledge of the victim. The prosecution established that on both dates, Apostol dragged Amy to a secluded house, threatened her with a knife, and succeeded in having intercourse despite her resistance and cries for help. Amy, born on October 24, 1982, was ten years and eleven months old at the time of the second incident, a fact corroborated by her birth certificate and her mother’s testimony.
After the September 14 incident, Amy was found at the police station, having been brought there by a witness to whom she had reported the rape. A medical examination revealed old hymenal lacerations. The defense presented alibi, claiming Apostol was elsewhere during the alleged incidents. The Regional Trial Court convicted Apostol of two counts of statutory rape and sentenced him to two penalties of reclusion perpetua, ordering him to pay P40,000 in civil indemnity.
ISSUE
Whether the prosecution proved the guilt of the accused beyond reasonable doubt for two counts of statutory rape.
RULING
Yes, the Supreme Court affirmed the conviction. The Court emphasized that in statutory rape under Article 335 of the Revised Penal Code, as amended, the elements are: (1) sexual intercourse with a woman; (2) who is under twelve years of age. Force, intimidation, or lack of consent is immaterial; the law presumes the victim’s incapacity to give consent. The victim’s credible testimony, corroborated by her mother and the medical findings, sufficiently established these elements. Her age was conclusively proven by her birth certificate. The defense of alibi was weak and could not prevail over the positive identification by the victim. The Court modified the award, increasing the civil indemnity to P50,000 and awarding P50,000 as moral damages for each count, in line with prevailing jurisprudence. The penalties of reclusion perpetua for each count were affirmed.