G.R. No. 201106 , August 3, 2016
People of the Philippines, Plaintiff-Appellee, vs. Gerald Ballacillo, Accused-Appellant.

FACTS

Accused-appellant Gerald Ballacillo was charged with four counts of rape against his 15-year-old niece, AAA. The incidents allegedly occurred on April 14, 1999 (Criminal Case No. 1999-419), April 17, 1999 (Criminal Case No. 2000-21), April 27, 1999 (Criminal Case No. 2000-22), and April 29, 1999 (Criminal Case No. 2000-23). Ballacillo was staying at AAA’s family home, helping with chores and driving their tricycle. The prosecution’s evidence, primarily AAA’s testimony, detailed that Ballacillo used force, intimidation, and a knife to rape her on these dates. AAA did not immediately report the incidents due to fear that her father might kill Ballacillo and be imprisoned, leaving the family unsupported. She later confided in a friend, and her pregnancy was discovered in October 1999. Medical findings corroborated that her pregnancy coincided with the alleged rapes. Ballacillo denied the charges, presenting an alibi that he was attending a Catholic youth recollection seminar from April 8 to 30, 1999, corroborated by several witnesses. He also claimed his brother, Sonny Boy, was the father of AAA’s child. The Regional Trial Court (RTC) convicted Ballacillo of three counts of rape (Criminal Cases No. 1999-419, 2000-22, and 2000-23) but acquitted him in Criminal Case No. 2000-21 for lack of evidence, sentencing him to reclusion perpetua for each count and ordering him to pay civil indemnity and moral damages. The Court of Appeals (CA) affirmed the conviction with modification, adjusting the amounts of damages. Ballacillo appealed to the Supreme Court.

ISSUE

Whether the prosecution was able to prove beyond reasonable doubt that Ballacillo is guilty of the crime of rape.

RULING

Yes. The Supreme Court affirmed the conviction of Ballacillo for three counts of rape, as defined and penalized under Article 266-A in relation to Article 266-B of the Revised Penal Code, as amended by Republic Act No. 8353 (the Anti-Rape Law of 1997). The Court found AAA’s testimony to be credible, clear, and straightforward, and it was corroborated by medical evidence. The Court rejected Ballacillo’s alibi and defense of denial, noting that his alibi was not physically impossible and that his claim that his brother was the perpetrator was uncorroborated and self-serving. The Court modified the damages awarded, ordering Ballacillo to pay AAA ₱75,000.00 as civil indemnity, ₱75,000.00 as moral damages, and ₱75,000.00 as exemplary damages for each count, with interest at 6% per annum from the finality of the decision until fully paid. The appeal was dismissed.