G.R. No. 175834 ; June 8, 2011
PEOPLE OF THE PHILIPPINES, Appellee, vs. ROSAURO ASETRE Y DURAN, Appellant.

FACTS

On June 11, 2001, four Informations were filed charging appellant Rosauro Asetre y Duran with four counts of rape against “AAA,” a thirteen-year-old minor, by means of force, threat, and intimidation. The alleged incidents occurred on the first week, second week, and third week of March 2001, and on March 23, 2001, in Barangay “BBB,” “CCC.” Appellant pleaded not guilty. During pre-trial, the defense admitted “AAA” was born on March 23, 1988, making her 13 years old at the time. The prosecution established that appellant was the common-law husband of “DDD,” the aunt of “AAA,” with whom “AAA” lived. “AAA” testified that appellant raped her four times during her summer vacation in March 2001. The first rape occurred during the first week of March at noontime, where appellant removed her clothes, inserted his penis into her vagina, causing her pain, and threatened to kill her and “DDD” if she reported it. The second and third rapes happened during the second and third weeks of March, and the fourth on March 23, 2001. Dr. Jeffrey M. Barcena testified that a medical examination on April 25, 2001, revealed “AAA” had multiple old hymenal lacerations and a recent abrasion on the labia minora. The defense presented witnesses Rosita Clarin and Romualdo Dulay, neighbors of appellant, who claimed “AAA” was not in “BBB” during the alleged rape dates but was in “EEE” attending school, and only arrived in “BBB” on March 24 or 25, 2001. Appellant himself denied the accusations, asserting “AAA” was in “EEE” until March 23, 2001, and arrived only on March 24, 2001.

ISSUE

Whether the trial court and the Court of Appeals erred in convicting appellant of four counts of rape based on the credibility of “AAA’s” testimony despite alleged inconsistencies regarding the dates and places of the incidents.

RULING

The Supreme Court partially granted the appeal. It found appellant guilty of only one count of rape, specifically the incident on March 23, 2001, and not four counts as charged. The Court held that while discrepancies on exact dates are generally inconsequential as the date is not an essential element of rape, “AAA’s” testimony contained disturbing inconsistencies regarding the first three incidents. During direct examination, she stated the rapes occurred in a tent in “BBB,” but on cross-examination, she testified the first rape happened in a nipa hut in “FFF,” and the second and third in a tent in “BBB.” These inconsistencies cast reasonable doubt on whether the first three rapes actually occurred. However, her testimony regarding the March 23, 2001, rape was consistent, credible, and corroborated by medical findings of recent abrasions. The Court affirmed the conviction for the rape on March 23, 2001, and modified the penalties and damages accordingly, sentencing appellant to reclusion perpetua and ordering him to pay “AAA” civil indemnity, moral damages, and exemplary damages for that single count. The awards for the other three counts were deleted.