GR 196970; (April, 2014) (Digest)
G.R. No. 196970, April 2, 2014.
People of the Philippines, Plaintiff-Appellee, vs. Rene Santiago, Accused-Appellant.
FACTS
Accused-appellant Rene Santiago was charged with two counts of rape in separate Informations. The first alleged that on December 25, 2004, he had carnal knowledge of “AAA,” an eleven-year-old girl, through threats and intimidation. The second alleged the same crime on January 21, 2005. Upon arraignment, appellant pleaded not guilty. The Regional Trial Court convicted him of two counts of simple rape, sentencing him to reclusion perpetua for each count and ordering him to pay civil indemnity, moral damages, and exemplary damages. The Court of Appeals affirmed the trial court’s decision in toto. On appeal to the Supreme Court, appellant changed his defense from denial and alibi to claiming the sexual intercourse was consensual, arguing that “AAA” did not resist his advances and that the prosecution failed to prove intimidation or coercion.
ISSUE
Whether the Court of Appeals erred in affirming appellant’s conviction for two counts of simple rape.
RULING
The Supreme Court affirmed the conviction with modifications. The Court held that appellant’s sudden change in defense from denial to consensual intercourse indicated a lack of credibility and desperation. The Court found that the prosecution successfully established the elements of rape through “AAA’s” credible testimony, wherein she categorically stated she was threatened and coerced, including the use of an ice pick during the second incident. Variances between her sworn statement and court testimony did not diminish her credibility, as open court declarations generally prevail, and minor victims cannot be expected to have an errorless recollection of traumatic events. The Court sustained the finding of simple rape, not statutory rape, as “AAA” was 13 years old at the time of the incidents, per her Certificate of Birth. The penalty of reclusion perpetua for each count was affirmed, with the clarification that appellant is not eligible for parole under Republic Act No. 9346. The awards of ₱50,000.00 as civil indemnity and ₱50,000.00 as moral damages for each count were upheld. The exemplary damages were increased to ₱30,000.00 for each count, and all monetary awards were ordered to earn interest at 6% per annum from the finality of the judgment until fully paid.