G.R. No. 146111 ; February 23, 2004
PEOPLE OF THE PHILIPPINES, appellee vs. ROLENDO GAUDIA @ “LENDOY” or “DODO”, appellant.

FACTS

On March 24, 1997, Amalia Loyola left her 3½-year-old daughter, Remelyn, and another child at their home in Hagonoy, Davao del Sur. Upon returning around 4:00 p.m., she discovered Remelyn missing. After searching, she found Remelyn near ipil-ipil trees around 6:00 p.m. The child was naked, crying, walking with legs apart, and had fresh and dried blood on her body and oozing from her vagina. The following day, a quack doctor confirmed signs of rape. Neighbor Tulon Mik testified that he saw appellant Rolendo Gaudia carrying Remelyn toward the ipil-ipil trees around 4:00 p.m. that day. The municipal health officer’s examination revealed fresh hymenal lacerations at multiple positions, leading to the conclusion that Remelyn’s physical virginity was lost.
The defense presented alibi. Appellant claimed he was at a COMELEC office and later at his aunt’s house during the incident. He asserted he was carrying a different child, Daylen Cabano. The trial court convicted appellant of rape and imposed the death penalty, prompting this automatic review.

ISSUE

The core issue is whether the prosecution proved appellant’s guilt for the crime of rape beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua due to the abolition of the death penalty. The Court found the prosecution’s evidence conclusive. The defense of alibi was inherently weak and could not prevail over the positive identification by witness Tulon Mik, who saw appellant carrying the victim toward the crime scene. The medical findings corroborated the fact of sexual assault, with fresh lacerations consistent with penile penetration.
Crucially, the Court upheld the admissibility of the victim’s out-of-court statement to her mother, “Buang Lendoy iya kong lugos” (Crazy Lendoy forced me). For a child witness of tender years, such spontaneous statements are admissible as part of the res gestae exception to the hearsay rule, as they were made shortly after a startling occurrence and relate to that event. The physical condition and distress of the child upon being found by her mother underscored the statement’s spontaneity and reliability. The attempted settlement by appellant’s parents, offering ₱15,000, further constituted an implied admission of guilt. The totality of evidence—positive identification, medical corroboration, admissible res gestae statement, and conduct implying guilt—established appellant’s culpability beyond reasonable doubt.