GR 168299; (October, 2008) (Digest)
G.R. No. 168299 October 6, 2008
PEOPLE OF THE PHILIPPINES, appellee, vs. LUIS AYCARDO, appellant.
FACTS
Appellant Luis Aycardo was charged with three counts of Statutory Rape under Article 335 of the Revised Penal Code in relation to RA 7610. The Informations alleged that he raped his niece, AAA, on three occasions in 1994 and 1995 in Barangay San Francisco, Bulan, Sorsogon, while she was 9 and 10 years old, giving her money after each act. The aggravating circumstance of relationship was alleged. Appellant pleaded not guilty. AAA testified that she lived with her grandmother and appellant. The first rape occurred in March 1994 when appellant pulled her into a room, undressed her, and had carnal knowledge of her, after which he gave her P20. The second and third rapes occurred in April 1995 under similar circumstances, with appellant giving her P50 after each act. She did not immediately report due to fear. Her mother learned of the incidents in January 2000, leading to a medical examination which revealed old hymenal lacerations consistent with sexual intercourse. Appellant denied the accusations, claiming alibi and that the case was motivated by a land dispute with AAA’s parents. The Regional Trial Court found him guilty and imposed the death penalty. The Court of Appeals affirmed with modification.
ISSUE
Whether the Court of Appeals correctly affirmed appellant’s conviction for three counts of Statutory Rape.
RULING
Yes. The Supreme Court affirmed the conviction but modified the penalties and damages. The Court found AAA’s testimony credible, straightforward, and consistent. Her testimony alone, given her minority, was sufficient to sustain a conviction for rape. The medical findings corroborated her account. Appellant’s defense of alibi was weak and uncorroborated, and his claim of a fabrication due to a land dispute was not substantiated. The crimes qualified as statutory rape due to AAA’s age (below 12). The aggravating circumstance of relationship was established, as appellant was the victim’s uncle. However, with the enactment of RA 9346 prohibiting the death penalty, the penalty was reduced to reclusion perpetua for each count without eligibility for parole. Appellant was ordered to pay AAA P75,000 as civil indemnity, P75,000 as moral damages, and P25,000 as exemplary damages for each count of rape.