GR 181083; (January, 2010) (Digest)
G.R. No. 181083 January 21, 2010
PEOPLE OF THE PHILIPPINES, Plaintiff-appellee, vs. HERMINIGILDO SALLE SOBUSA, Accused-appellant.
FACTS
Accused-appellant Herminigildo Salle Sobusa was charged with the qualified rape of his 10-year-old stepdaughter, AAA, sometime before the Holy Week of 2000 in San Miguel, Iloilo. AAA testified that while she was sleeping, accused-appellant mashed her body, covered her mouth, undressed himself, pulled down her shorts and panty, and inserted his penis into her vagina while she was lying face down. She resisted but could not free herself. She did not feel pain but was sure of the penetration. The following morning, she discovered bloodstains on her pillow, which accused-appellant told her to keep quiet about. She later disclosed the incident to her aunt, DDD, leading to a barangay and police report. A medico-legal certificate indicated an “incomplete old healed hymenal laceration” which could have been caused by trauma like forcible insertion of a penis. The defense presented denial and alibi, claiming AAA was motivated by ill will due to his strictness and that she was elsewhere during the alleged incident. The Regional Trial Court convicted accused-appellant of qualified rape and sentenced him to reclusion perpetua. The Court of Appeals affirmed the conviction with modifications to the damages awarded.
ISSUE
Whether the Court of Appeals erred in affirming accused-appellant’s conviction for qualified rape.
RULING
The Supreme Court affirmed the conviction. The Court held that AAA’s testimony was credible, straightforward, and consistent. The medical findings, though not conclusive of rape, were consistent with her account of sexual abuse. The defense of denial and alibi could not prevail over AAA’s positive identification and credible testimony. The qualifying circumstances of minority and relationship were duly proven, as accused-appellant admitted AAA was his 10-year-old stepdaughter. The penalty of reclusion perpetua was affirmed. The Court modified the damages, increasing the exemplary damages to ₱30,000.00 and awarding ₱75,000.00 as civil indemnity and ₱75,000.00 as moral damages, all with 6% interest from finality until fully paid.