GR 177161; (June, 2008) (Digest)
G.R. No. 177161; June 30, 2008
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ABRAHAM BUNAGAN y SONIO, accused-appellant.
FACTS
In the first week of February 2002, the 12-year-old victim AAA passed by the house of accused-appellant Abraham Bunagan. He forcibly brought her behind his house, stripped her, and inserted his fingers into her vagina, threatening to kill her if she reported the incident. On April 2, 2003, while AAA was gathering fruits in a field, Bunagan, armed with a bolo, again accosted her. He brought her to a grassy area, threatened her with the weapon, and had carnal knowledge of her, repeating his death threat afterward. The following day, AAA disclosed the rape to her mother, leading to a medical examination which confirmed healed lacerations. Bunagan admitted to sexual relations but claimed they were consensual, alleging AAA solicited money each time.
ISSUE
The core issues were: (1) whether the Information in Criminal Case No. 10078 was insufficient for failing to state the precise date of the sexual assault; and (2) whether the prosecution proved Bunagan’s guilt beyond reasonable doubt for the rape in Criminal Case No. 10079.
RULING
The Supreme Court affirmed the conviction with modifications. On the first issue, the Court ruled that the exact date of commission is not an essential element of rape. The material fact is the occurrence of the crime itself, proven by the victim’s credible testimony and the accused’s own admission of sexual contact during that period. The lack of a precise date in the information did not prejudice Bunagan’s defense, as the variance was inconsequential given the established facts.
Regarding the second issue, the Court found the prosecution’s evidence for the April 2003 rape conclusive. AAA’s testimony was clear, consistent, and credible, detailing the force, intimidation with a bolo, and penetration. Her immediate disclosure and the medical findings corroborated her account. Bunagan’s defense of consent was implausible and unsubstantiated, failing to overcome the presumption of innocence afforded to a minor victim of statutory rape. The Court thus upheld the penalty of reclusion perpetua for this count. For the sexual assault in February 2002, the Court modified the penalty to an indeterminate sentence and adjusted the civil liabilities in accordance with prevailing jurisprudence.