G.R. No. 190349, December 10, 2014
People of the Philippines, Plaintiff-Appellee, vs. Francasio Delfin, Accused-Appellant.

FACTS

Accused-appellant Francasio Delfin was charged with two counts of statutory rape against “AAA,” an 11-year-old girl. In Criminal Case No. N-2130, the Information alleged that on May 27, 2001, appellant summoned “AAA” with a hand signal, threatened her with a stone when she tried to run, pulled her to the second floor of a commercial building, slapped her, removed her panty and his pants, covered her mouth, and succeeded in having carnal knowledge with her. In Criminal Case No. N-2131, the Information alleged that on June 30, 2001, appellant, while “AAA” was sleeping inside a parked jeep, beamed a flashlight on her, entered the vehicle, removed her panty and his short pants, and succeeded in having carnal knowledge with her. Appellant pleaded not guilty. The prosecution presented “AAA’s” testimony that appellant raped her on both occasions, using threats and force, and a medical certificate showing a lacerated hymen. The defense presented alibi witnesses and claimed the charges were fabricated in retaliation for appellant reporting “AAA’s” aunt to the police for drug activities. The Regional Trial Court convicted appellant of two counts of statutory rape. The Court of Appeals modified the decision, holding that the prosecution failed to prove “AAA” was under 12 years old due to the absence of a birth certificate. However, it found that force, threat, and intimidation were properly alleged and proven in Criminal Case No. N-2130, convicting appellant of simple rape. It acquitted him in Criminal Case No. N-2131 for lack of proof of force, threat, or intimidation. Appellant appealed the conviction in Criminal Case No. N-2130.

ISSUE

Whether the Court of Appeals erred in finding appellant guilty beyond reasonable doubt of simple rape in Criminal Case No. N-2130.

RULING

The Supreme Court denied the appeal and affirmed the Court of Appeals’ decision. The Court held that all elements of rape under Article 266-A(1)(a) of the Revised Penal Code were present: (1) appellant is a man; (2) he had carnal knowledge of “AAA,” a woman; and (3) the act was accomplished through force, threat, or intimidation. “AAA’s” clear, consistent, and straightforward testimony, corroborated by medical findings of a lacerated hymen, established these elements. The Court found that appellant’s acts of summoning “AAA,” threatening her with a stone when she attempted to flee, pulling her to a secluded area, slapping her, and covering her mouth constituted sufficient force, threat, and intimidation to subdue her will. The Court rejected the defense of alibi and fabrication, noting that “AAA’s” testimony remained credible despite minor inconsistencies and that the alleged ill-motive was not proven to have driven “AAA” to falsely accuse appellant of such a serious crime. The penalty of reclusion perpetua and the awards of ₱75,000.00 as civil indemnity and ₱75,000.00 as moral damages were affirmed.