G.R. No. 142556 ; February 5, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JESUS PEREZ y SEBUNGA, accused-appellant.

FACTS

On January 17, 1997, in Palauig, Zambales, six-year-old Mayia Ponseca was walking home when accused-appellant Jesus Perez, introducing himself as “Johnny,” approached her. He strangled her neck, boxed her abdomen, and proceeded to rape her. After the assault, a bleeding Mayia ran to a nearby house and reported the rape. Her parents brought her for a medical examination, which revealed hymenal lacerations and a four-centimeter median laceration on her vaginal floor, necessitating surgical repair. Based on Mayia’s description of her assailant as “Johnny,” a worker at a local fishpond, police apprehended Perez. Mayia later positively identified him at the police station as her rapist.
The defense presented an alibi, with Perez denying the accusation and claiming his nickname was “Jessie,” not “Johnny.” His employer testified that Perez was working at the fishpond on the day in question. The trial court, however, found the prosecution’s evidence credible, convicted Perez of rape, and imposed the death penalty due to the victim’s age being below seven years, qualifying the crime for capital punishment. The case was elevated to the Supreme Court for automatic review.

ISSUE

Whether the conviction of Jesus Perez for the crime of rape and the imposition of the death penalty are proper.

RULING

Yes, the conviction and the imposition of the death penalty are affirmed. The Court found the testimony of the child victim, Mayia, to be credible, straightforward, and consistent. Her detailed account of the violent assault, coupled with her immediate outcry and positive identification of Perez, constitutes proof beyond reasonable doubt. The medico-legal findings corroborated her testimony, confirming recent sexual intercourse and physical injuries consistent with forcible rape. The defense of alibi and denial cannot prevail over the positive identification by the victim.
Regarding the penalty, the crime was committed prior to the effectivity of Republic Act No. 8353 (The Anti-Rape Law of 1997). Applying Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , in relation to Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act), the death penalty is mandatory when the victim is under eighteen years of age. The law further prescribes the supreme penalty when the victim is below seven years old, a qualifying circumstance present in this case. The Court thus affirmed the penalty of death, subject to the automatic review for constitutionality as required by law.