G.R. No. 179714; October 2, 2009
PEOPLE OF THE PHILIPPINES, Appellee, vs. RODOLFO LOPEZ, Appellant.

FACTS

On June 11, 1998, AAA left her four-year-old daughter, BBB, at home with the appellant, Rodolfo Lopez, an employee of her husband. The following day, BBB had a fever and complained of a stomachache. When AAA washed her daughter’s vagina, she noticed swelling and a small quantity of blood. The next day, BBB persistently asked for a bath, and AAA again observed the redness and swelling. When asked what happened, BBB pointed at appellant Lopez and called him “Kuya Aswang.” Upon further questioning, BBB affirmed that appellant had inserted his penis into her vagina, narrating that he had removed her underwear, placed himself on top of her, and proceeded with the act.
BBB was medically examined on June 15, 1998. Dr. Marcelito B. Abas found a superficial hymenal laceration at the nine o’clock position, which could have been caused by an erected penis, with no signs of physical injuries. An Information for Statutory Rape was filed against appellant Lopez. The defense presented only the appellant, who denied the accusation and claimed that BBB’s six-year-old brother had inserted his finger into her vagina. He stated he left the house after the parents returned and went to another location to work.

ISSUE

Whether the Court of Appeals correctly affirmed the conviction of appellant Rodolfo Lopez for the crime of Statutory Rape.

RULING

Yes, the conviction is affirmed. The Supreme Court upheld the findings of the trial court and the Court of Appeals, emphasizing that the testimony of a child-victim of tender years, given in a straightforward and categorical manner, is accorded full weight and credit. BBB’s clear and consistent identification of the appellant as the perpetrator, coupled with her young age, renders her testimony credible and reliable. The medical findings of Dr. Abas, which indicated a hymenal laceration consistent with penile penetration, provided strong corroboration to her account.
The Court rejected the appellant’s denial and his alternative theory implicating the victim’s young brother as inherently weak and unsupported by evidence. Denial cannot prevail over the positive and credible testimony of the victim. In statutory rape, where the victim is below twelve years of age, the elements are conclusively established by proof of age and carnal knowledge. BBB’s birth certificate proved she was four years old at the time of the incident. The conviction for statutory rape under Article 335 of the Revised Penal Code, as amended, was thus sustained. However, pursuant to Republic Act No. 9346, the penalty was reduced from death to reclusion perpetua. The award of damages was also modified in line with prevailing jurisprudence.