G.R. No. 185380; June 18, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ROGELIO MARCOS, Accused-Appellant.

FACTS

Accused-appellant Rogelio Marcos was charged with the rape of his 11-year-old stepdaughter, AAA, under the Revised Penal Code as amended by the Anti-Rape Law of 1997, in relation to Republic Act No. 7610. The prosecution alleged that on July 13, 2003, Rogelio ordered AAA upstairs, undressed her, and forcibly had carnal knowledge of her while her mother was away. AAA testified that this was the first of multiple subsequent sexual assaults, which continued until July 2005 and resulted in her pregnancy. The abuse was only reported in January 2005 after her aunt, BBB, noticed the pregnancy and confronted her. AAA explained her delayed disclosure was due to Rogelio’s threats to kill her and her mother if she told anyone.
The defense presented a contradictory narrative, claiming AAA initiated the sexual contact. Rogelio testified that AAA followed him upstairs, kissed him, and performed oral sex on him voluntarily, an act which was allegedly witnessed by AAA’s mother. The Regional Trial Court (RTC) found Rogelio guilty beyond reasonable doubt and initially imposed the death penalty. The Court of Appeals (CA) affirmed the conviction but modified the penalty to reclusion perpetua without parole, in accordance with Republic Act No. 9346 prohibiting the death penalty, and increased the awarded damages.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of Rogelio Marcos for statutory rape.

RULING

The Supreme Court denied the appeal and affirmed the CA decision with modification, upholding the conviction for statutory rape. The Court emphasized that the credibility of the victim’s testimony is paramount in rape cases. AAA’s detailed, candid, and consistent account of the forcible sexual assault was found to be credible and sufficient to establish guilt beyond reasonable doubt. The Court rejected the defense’s claim of consensual oral sex as inherently improbable, noting it defied human experience and logic for an 11-year-old child to initiate such an act with her stepfather. The victim’s minority was conclusively proven by her birth certificate, making the rape statutory where consent is immaterial.
The Court also found the delay in reporting the crime justified by the accused’s threats, which instilled reasonable fear in the young victim. The subsequent pregnancy corroborated her testimony. The penalty of reclusion perpetua without parole was affirmed as proper. The awarded damages were sustained, with the Supreme Court adding an award of ₱30,000.00 as exemplary damages to serve as a deterrent against similar reprehensible conduct. The decision underscores the judicial policy of giving full credence to the testimony of a child victim of sexual abuse.