G.R. No. 172970 ; February 19, 2008
PEOPLE OF THE PHILIPPINES, appellee, vs. MARK JASON JAVIER y AMANTE, appellant.

FACTS

The prosecution charged appellant Mark Jason Javier with the qualified rape of AAA, a six-year-old child, on 30 November 2002. The evidence established that appellant and AAA’s father, BBB, were having a drinking spree at BBB’s house where AAA was sleeping. BBB left briefly to check on a sow. Upon his return, both appellant and AAA were missing. A search party, including a police officer, found appellant naked and sleeping inside a locked school classroom. AAA was found sleeping a few meters away, wearing a dress but without underwear, with blood oozing from her private organ. A medico-legal examination conducted on the same day revealed a 3cm. vaginal laceration, edema, and other injuries consistent with recent sexual abuse.
The appellant denied the accusation, claiming he left AAA at the house and slept elsewhere. The Regional Trial Court convicted him of qualified rape and imposed the death penalty. The Court of Appeals affirmed the conviction but modified the penalties and damages in light of the prohibition on the death penalty.

ISSUE

Whether the circumstantial evidence presented by the prosecution is sufficient to prove the appellant’s guilt for the crime of qualified rape beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. The Court held that while the victim did not testify and there was no direct evidence, conviction can rest on circumstantial evidence if the following requisites under Section 4, Rule 133 of the Rules of Court are met: (a) there is more than one circumstance; (b) the facts from which the inferences are derived are proven; and (c) the combination of all circumstances produces a conviction beyond reasonable doubt. The prosecution successfully established an unbroken chain of circumstances: appellant was alone with the sleeping victim; both were later found missing; appellant was discovered naked in a locked classroom near the victim, who was found bleeding and without underwear; and the medical findings conclusively showed recent sexual intercourse and physical trauma consistent with rape.
The combination of these proven facts leads to no other logical conclusion than that appellant committed the crime. Furthermore, the qualifying circumstance of the victim’s age (below seven years old) was duly proven by her birth certificate. Following Republic Act No. 9346 , the penalty was reduced to reclusion perpetua without eligibility for parole. The Court also increased the award of moral damages to Seventy-Five Thousand Pesos (P75,000.00) in accordance with prevailing jurisprudence.