G.R. No. 144395 -98, June 26, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JEROME GALLATE, accused-appellant.

FACTS

Accused-appellant Jerome Gallate was charged with four counts of rape against his nieces, Angelyn and Lilia Gunaden, in 1991. The cases were archived after his escape from detention and were revived upon his arrest in 1999. During trial, the prosecution presented Lilia, who was five years old at the time of the incident. She testified that her uncle did an “evil thing” by inserting his penis into her vagina, causing pain, after which he gave her candy. Her father, Conrado Gunaden, testified he learned of the rapes from a neighbor and that his daughters confirmed them. SPO4 Eduardo Palicos detailed the investigation and the accused’s escape, while SPO3 Froilan Changat testified on the accused’s eventual capture. Dr. Elaine Fagsao presented medico-legal findings consistent with sexual abuse, noting multiple hymenal tears on Lilia. The defense consisted solely of Gallate’s denial, without presenting an alibi or alleging ill motive.
The trial court acquitted Gallate of the three charges involving Angelyn due to her absence as a witness and the hearsay nature of her father’s testimony. However, it convicted him for the rape of Lilia in Crim. Case No. 835, sentencing him to reclusion perpetua and ordering him to pay indemnity and damages. Gallate appealed, arguing the testimony of a child witness was insufficient and that the evidence failed to prove his guilt beyond reasonable doubt.

ISSUE

Whether the prosecution proved the guilt of accused-appellant Jerome Gallate for the crime of rape against Lilia Gunaden beyond reasonable doubt.

RULING

Yes. The Supreme Court affirmed the conviction. The Court held that the testimony of a child victim, if credible, is sufficient to sustain a conviction for rape. Lilia’s candid and consistent account of the sexual assault was found credible and corroborated by the medical evidence. The medico-legal certificate showing multiple hymenal tears was consistent with penetration by a male organ. The Court emphasized that the trial court’s assessment of witness credibility is accorded great weight, as it had the direct opportunity to observe the witness’s demeanor.
The defense of bare denial was deemed inherently weak, especially when juxtaposed with the positive identification and detailed testimony of the victim. The Court also considered Gallate’s flight and eight-year evasion of arrest as indicative of guilt and consciousness of having no tenable defense. The delay in the proceedings was attributed to his own actions, not to the complainant. Consequently, the penalty of reclusion perpetua was affirmed. The Court modified the damages, increasing the moral damages to P50,000.00 in line with prevailing jurisprudence, while maintaining the P50,000.00 civil indemnity.