G.R. No. 143755 -58 February 20, 2002
The People of the Philippines, plaintiff-appellee, vs. Eduardo Pajarillo, accused-appellant.

FACTS

The accused-appellant, Eduardo Pajarillo, was charged with four counts of rape under Article 335 of the Revised Penal Code, as amended. The complainant, Anne Rachel Pajarillo, was a minor whom the spouses Eduardo and Resurreccion Pajarillo had raised from infancy, though never legally adopted. She accused Eduardo of raping her on four separate occasions: once in 1993, and on November 5, 10, and 26, 1995. She testified that Eduardo, often drunk, would use force and intimidation to sexually assault her. The incidents culminated on November 27, 1995, when Anne Rachel reported the abuse to her teacher, Mrs. Rose Baja. A medical examination revealed old, healed hymenal lacerations, with the doctor concluding that any penile penetration was only superficial.
The defense presented denial and alibi, asserting that the Pajarillo residence was full of people watching television during the alleged incidents. The trial court convicted Eduardo Pajarillo of four counts of rape and sentenced him to reclusion perpetua for each count. On appeal, the Supreme Court meticulously reviewed the evidence, particularly focusing on the testimony regarding the incident of November 26, 1995.

ISSUE

Whether the accused-appellant, Eduardo Pajarillo, is guilty beyond reasonable doubt of four counts of rape as charged.

RULING

The Supreme Court affirmed the conviction for the rapes alleged to have occurred in 1993, and on November 5 and 10, 1995. The Court found Anne Rachel’s testimony for these instances to be credible, consistent, and corroborated by medical findings indicating old trauma. The defense of alibi was properly rejected for being weak and unsubstantiated.
However, for the alleged rape on November 26, 1995, the Court modified the conviction. On re-direct examination, Anne Rachel significantly recanted her initial direct testimony of full carnal knowledge for that date. She instead stated that Eduardo only “mashed her breasts, embraced her and touched her vagina.” This judicial admission downgraded the act from rape to acts of lasciviousness under Article 336 of the Revised Penal Code. Applying the rules on variance between allegation and proof, the Court held that the offense proved (acts of lasciviousness) is included in the offense charged (rape), as both involve lascivious conduct under circumstances of force. Consequently, the Court convicted the appellant of acts of lasciviousness for the November 26 incident and imposed the corresponding penalty. The decision underscores the principle that a conviction must be based precisely on what the evidence proves, not merely on what is alleged.