G.R. No. 209590 , November 19, 2014
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. GABRIEL DUCAY y BALAN, Accused-Appellant.

FACTS

The accused-appellant, Gabriel Ducay y Balan, was charged with the rape of AAA, a 12-year-old, on June 10, 2001, in Cagayan de Oro City. The prosecution’s version, based on AAA’s testimony, is that on the night of June 10, 2001, after a birthday celebration, AAA and her cousin Charlene went out to buy sugar. The accused-appellant, a neighbor, offered to run the errand. He later called for AAA to collect the sugar. When AAA approached, he grabbed her, covered her mouth with a towel, tied her hands, and brought her to the seashore where he forcibly had carnal knowledge of her twice. After the act, AAA escaped while the accused-appellant gave chase but failed to catch her. AAA was found the next day at a plaza four kilometers away, with blood stains on her shorts, and reported the rape. A medical examination on June 12, 2001, revealed fresh lacerations on her hymen. The defense presented denial and alibi, claiming the accused-appellant was at home with his partner and only went out to buy milk for Charlene, who was alone. A defense witness also testified he saw AAA with friends late that night. The Regional Trial Court found the accused-appellant guilty of rape and sentenced him to reclusion perpetua, ordering him to pay civil indemnity and moral damages. The Court of Appeals affirmed the conviction but modified the damages, adding exemplary damages.

ISSUE

Whether the guilt of the accused-appellant for the crime of rape was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. The Court held that there was no compelling reason to deviate from the factual findings and credibility assessments of the trial court, as affirmed by the Court of Appeals. The alleged inconsistencies in the prosecution’s evidence, such as differing accounts of how AAA was found after the incident and the date on a medical report, were minor and did not affect the core narrative of the rape. The Court emphasized the well-entrenched rule that the testimony of a rape victim, especially a minor, is accorded great weight. AAA’s clear, consistent, and credible testimony, corroborated by medical findings of fresh hymenal lacerations, sufficiently established all the elements of rape through force and intimidation. The defense of denial and alibi, uncorroborated by clear and convincing evidence, could not prevail over the positive identification by the victim. The penalty of reclusion perpetua was affirmed. The awards of civil indemnity, moral damages, and exemplary damages were sustained, with interest at 6% per annum from the finality of judgment until fully paid.