GR 130205; (July, 2000) (Digest)
G.R. No. 130205 ; July 5, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PETRONILLO CASTILLO, accused-appellant.
FACTS
The case involves the rape of nine-year-old Michelle Robles by her mother’s common-law husband, appellant Petronillo Castillo, in May 1991 in Angono, Rizal. Michelle was sleeping in the sala when she was awakened by Castillo removing her underwear. He covered her mouth, poked a knife at her, and threatened to kill her sisters if she told anyone. He then proceeded to have carnal knowledge with her. Michelle immediately reported the incident to her mother, Olivia Flores, who refused to believe her. Subsequently, Michelle confided in her aunt, Maria Corazon Flores, who then brought her for a medico-legal examination at Camp Crame.
The medical examination confirmed that Michelle was in a non-virgin state, with healed hymenal lacerations. Appellant was charged with rape. The trial court convicted him and sentenced him to reclusion perpetua. On appeal, appellant assailed the credibility of the victim, pointing out an alleged inconsistency: Michelle testified in court about the knife used to threaten her but did not mention it in her sworn affidavit.
ISSUE
Whether the trial court erred in convicting appellant of rape beyond reasonable doubt despite the alleged inconsistencies in the victim’s testimony.
RULING
The Supreme Court affirmed the conviction. The alleged inconsistency regarding the knife is inconsequential and does not impair Michelle’s credibility. Ex-parte affidavits are often incomplete and are considered inferior to testimonies given in open court, where witnesses can be fully examined. The core of Michelle’s testimony remained consistent and credible, detailing the rape with clarity and emotion.
More critically, the legal logic for affirmance rests on the nature of statutory rape. At the time of the crime, Michelle was nine years old. Under Article 335 of the Revised Penal Code, when the victim is below twelve, the crime is statutory rape. Force, intimidation, or lack of consent is conclusively presumed; the prosecution need only prove the fact of carnal knowledge. Michelle’s candid testimony, corroborated by the medical findings, sufficiently established this fact. The appellant’s denial cannot prevail over the positive and credible identification by the child victim. The penalty of reclusion perpetua was correctly imposed.