G.R. No. 176348 April 16, 2009
People of the Philippines, Appellee, vs. Dionisio Cabudbod y Tutor and Edgar Cabudbod y Lacroa, Appellants.

FACTS

The appellants, Dionisio Cabudbod and Edgar Cabudbod, were charged with rape committed against AAA, an 11-year-old minor. Dionisio, AAA’s foster father and guardian, was charged with qualified rape on October 14, 2000. Edgar, AAA’s foster brother, was charged with simple rape through force and intimidation on October 9, 2000. A third accused, German Tordecillas (a minor), was charged with rape on October 13, 2000 but later withdrew his appeal. AAA testified that Edgar raped her on October 9, 2000, warning her not to shout. German raped her at knifepoint on October 13, 2000. Dionisio raped her on October 14, 2000, covering her mouth with a cloth and threatening to kill her. AAA disclosed the incidents three years later to a classmate and a guidance counselor. A medical examination revealed healed hymenal lacerations consistent with penetration. The appellants denied the accusations, claiming alibi and that AAA fabricated the charges due to ill feelings, as she was teased as an “ampon” (adopted) and beaten for stealing. The Regional Trial Court convicted Dionisio of qualified rape (initially sentencing him to death), Edgar of simple rape (sentencing him to reclusion perpetua), and German of simple rape (considering his minority). The Court of Appeals affirmed with modifications, reducing Dionisio’s penalty to reclusion perpetua due to the passage of RA 9346, and adjusting the awarded damages.

ISSUE

1. Were the physical and medical evidence sufficient to prove that appellants raped AAA?
2. Did the inconsistencies in AAA’s testimony render her credibility suspect?
3. Was AAA’s minority sufficiently proven?
4. Was AAA impelled by ill motive to accuse appellants of rape?

RULING

1. Yes, the medical evidence, while corroborative and not indispensable, supported AAA’s testimony. The healed hymenal lacerations were consistent with penetration. The Supreme Court has sustained convictions based on credible testimony even without fresh physical evidence.
2. No, the alleged inconsistencies were minor and did not affect the core of AAA’s testimony. The delay in reporting was sufficiently explained by her fear of the appellants, who were her foster family and threatened her.
3. Yes, AAA’s minority was sufficiently proven by her Certificate of Live Birth, which showed she was 11 years old at the time of the incidents.
4. No, the alleged motive of revenge for being teased as “ampon” or beaten for stealing was insufficient to overturn AAA’s credible and categorical testimony. No evidence showed she fabricated the charges out of spite.
The Supreme Court affirmed the Court of Appeals’ decision, finding appellants guilty beyond reasonable doubt. Dionisio Cabudbod is guilty of qualified rape and sentenced to reclusion perpetua. Edgar Cabudbod is guilty of simple rape and sentenced to reclusion perpetua. They are ordered to pay AAA civil indemnity, moral damages, and exemplary damages as modified by the appellate court.