G.R. No. 181900; October 20, 2010
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. DEMETRIO SALAZAR, Accused-Appellant.

FACTS

Accused-appellant Demetrio Salazar, the live-in partner of the victim’s mother, was charged with two counts of statutory rape against AAA, who was twelve years old at the time. The incidents allegedly occurred on May 18 and June 25, 1999, inside their one-room house in Lavezares, Northern Samar. AAA testified that on both occasions, her mother was out gambling. The accused-appellant, using force and intimidation, covered her mouth, removed her clothing, and had carnal knowledge of her. AAA reported the rapes to her mother, who initially dismissed the claims. After the second incident, AAA informed her aunt, who brought her to the police and for a medical examination. The medico-legal certificate confirmed lacerations consistent with sexual assault.
The defense interposed alibi and denial, claiming he was at a distant farm during the first alleged incident and that AAA was out watching a show during the second. He also alleged the case was fabricated by the victim’s paternal relatives to gain custody. The victim executed an affidavit of desistance but later recanted it in court, testifying her mother forced her to sign it under threat.

ISSUE

Whether the prosecution proved the guilt of the accused-appellant for two counts of statutory rape beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. The Court upheld the credibility of AAA’s testimony, which was candid, consistent, and corroborated by medical findings. The defense of alibi was inherently weak, as it was not physically impossible for the accused-appellant to be at the crime scene. The recanted affidavit of desistance, being an extrajudicial confession, is inferior to AAA’s straightforward judicial testimony explaining the coercion behind it. For statutory rape under Article 335 of the Revised Penal Code, as amended, the elements are: (1) sexual intercourse with a woman; (2) who is under 12 years of age. The victim’s age was sufficiently proven by her Certificate of Baptism, a recognized authentic document under the guidelines in People v. Pruna. The first element was established by AAA’s positive identification and the medical evidence. The defense failed to cast doubt on this clear evidence. The qualifying circumstance of relationship (stepfather) was correctly appreciated, warranting the penalty of reclusion perpetua for each count, without eligibility for parole, in lieu of the death penalty following Republic Act No. 9346. Moral and exemplary damages were also awarded.