G.R. No. 139181, October 27, 2003
People of the Philippines, Appellee, vs. Jimmy Aquino y Viola, Appellant.

FACTS

The appellant, Jimmy Aquino, was charged with the statutory rape of his 11-year-old cousin, AAA. The prosecution alleged that on May 24, 1996, Aquino lured AAA into a house, threatened her with a knife, and forcibly had sexual intercourse with her. AAA immediately reported the incident to her grandmother and later to her mother. A barangay investigation ensued, resulting in a statement signed by Aquino and the mother, which only mentioned that he asked AAA to undress to see her private parts, not rape. Frustrated by the barangay’s inaction, allegedly due to Aquino’s familial connections, the formal complaint was filed over a year later. A medical examination revealed old, healed hymenal lacerations.
For his defense, Aquino denied rape. He claimed he merely asked AAA to pull down her shorts out of curiosity due to local rumors about her, which she allegedly consented to do in the presence of other people, including a carpenter and children. He asserted the incident was merely an act of lasciviousness witnessed by others, not a secretive rape.

ISSUE

Whether the prosecution proved beyond reasonable doubt the crime of statutory rape.

RULING

No. The Supreme Court acquitted Jimmy Aquino of statutory rape but convicted him of the lesser crime of acts of lasciviousness. The Court found the prosecution’s evidence for rape insufficient to meet the required moral certainty. AAA’s testimony, while credible on the lascivious act, contained significant inconsistencies regarding the alleged sexual intercourse, particularly the use of a knife and the duration of the act, which were not corroborated. The long delay in filing the formal complaint, though explained, further weakened the case for the graver charge.
Crucially, the Court applied the constitutional presumption of innocence. The medical findings of old lacerations were inconclusive and did not prove penetration occurred on the specific date in question. Aquino’s own admission in the barangay statement and his trial testimony confirmed he committed a lascivious act by compelling AAA to undress. However, the evidence for carnal knowledge—the essential element of rape—fell short of proof beyond reasonable doubt. The conviction was thus modified to acts of lasciviousness under Article 336 of the Revised Penal Code, and he was sentenced to an indeterminate penalty of 4 months of arresto mayor to 4 years of prision correccional.