GR 209032; (August, 2016) (Digest)
G.R. No. 209032 , August 3, 2016
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. VIVENCIO AUSA, ACCUSED-APPELLANT.
FACTS
The accused-appellant, Vivencio Ausa, was charged with the rape of AAA, a 10-year-old girl, on the evening of June 22, 2001, in Llorente, Eastern Samar. The prosecution presented AAA, who testified that Ausa, a neighbor, dragged her behind a school building while a contest was ongoing in the plaza. Despite her screams and struggles, Ausa overpowered her, removed her underwear, and forcibly inserted his penis into her vagina, causing her pain and bleeding. AAA reported the incident to her mother, BBB, who brought her to the police and for a medical examination the following day. Municipal Health Officer Dr. Mario D. Baconawa examined AAA and found fresh lacerations on her hymen, abrasions, and blood oozing from her vaginal canal, consistent with recent sexual intercourse. The defense interposed denial and alibi, with Ausa claiming he had been blind since infancy and was elsewhere at the time of the incident, a claim corroborated by his mother, nephew, and a distant relative.
ISSUE
Whether the Court of Appeals erred in affirming the trial court’s conviction of Vivencio Ausa for the crime of rape.
RULING
The Supreme Court affirmed the conviction but modified the penalties. The Court held that the prosecution failed to sufficiently prove AAA’s age through the required documentary or testimonial evidence as per the guidelines in People v. Pruna; thus, Ausa could not be convicted of statutory rape. However, the Court found him guilty of simple rape under Article 266-A(1)(a) of the Revised Penal Code, as the prosecution proved beyond reasonable doubt that carnal knowledge was committed through force and violence. AAA’s testimony was found credible, candid, and consistent, and was corroborated by medical findings. The defenses of denial and alibi were rejected for being weak and unsubstantiated. The Court modified the damages awarded, ordering Ausa to pay AAA ₱75,000.00 as civil indemnity, ₱75,000.00 as moral damages, and ₱75,000.00 as exemplary damages, with interest at 6% per annum from the finality of the judgment until fully paid.