G.R. No. 127749; March 9, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BEN GAJO, accused-appellant.

FACTS

On October 24, 1995, five-year-old Precious “Den-den” Castigador was playing near the house of her maternal uncle, accused-appellant Ben Gajo, in Janiuay, Iloilo. Gajo called her inside his house, brought her to his room, and closed the door. There, he removed her panty, licked her genitalia, inserted his finger into her vagina, and then proceeded to have carnal knowledge of her. The assault was interrupted when her father called for her. Gajo told her to put on her panty and let her go. Upon returning home, Den-den’s father noticed her panty was stained with blood. When questioned, Den-den revealed that her “Tito Boy” (Gajo) had assaulted her.
Her parents immediately reported the incident. A medico-legal examination at Janiuay District Hospital revealed fresh hymenal lacerations at the 6 and 9 o’clock positions, consistent with recent penetration. An Information for rape was filed against Ben Gajo. The accused denied the charge, claiming an alibi and attributing the complaint to a prior grudge between the families. The trial court convicted him of statutory rape and sentenced him to reclusion perpetua.

ISSUE

Whether the trial court erred in convicting accused-appellant Ben Gajo of statutory rape based on the testimony of the child victim.

RULING

The Supreme Court affirmed the conviction but modified the penalty to death. The Court upheld the trial court’s assessment of the credibility of the child victim’s testimony. Den-den, though only five years old, gave a clear, candid, and consistent account of the sexual assault during her direct examination. Her testimony was straightforward and unshaken by cross-examination. The Court emphasized that the testimony of a child-victim of tender years, given in a straightforward manner, is credible and deserves full weight. No young girl would concoct a story of defloration, allow a medical examination, and undergo the ordeal of a public trial unless motivated by a desire to have the wrong done to her rectified.
The medico-legal findings corroborated her account, confirming fresh lacerations consistent with recent penetration. The defense of alibi and imputation of ill motive were deemed weak and unsubstantiated, especially against the positive identification by the victim. The crime constituted statutory rape under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659. Since the victim was below seven years old, the presence of any of the qualifying circumstances under the law, such as relationship where the accused is a relative by consanguinity or affinity within the third civil degree, warrants the imposition of the death penalty. The Court thus affirmed the conviction and imposed the supreme penalty, while also increasing the awards for civil indemnity, moral damages, and exemplary damages.