GR 212194; (July, 2015) (Digest)
G.R. No. 212194, July 6, 2015
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ROD FAMUDULAN y FEDELIN, Accused-Appellant.
FACTS
Accused-appellant Rod Famudulan was charged with statutory rape under Article 266-A(1)(d) of the Revised Penal Code for an incident on January 1, 2010, in Oriental Mindoro. The victim, AAA, was six years old at the time. AAA testified that appellant, her aunt’s neighbor, cornered her, ordered her to perform fellatio on him, inserted his finger into her vagina, and then had sexual intercourse with her, threatening to kill her if she told anyone. Dr. Adelaido Malaluan, a Rural Health Physician, examined AAA and found a contusion hematoma on her left frontal area and fresh complete lacerations at the 6 and 9 o’clock positions of her hymen, injuries consistent with penetration by a blunt object like a penis. The defense presented only appellant, who denied the charge and claimed he was elsewhere borrowing money and traveling. The Regional Trial Court (RTC) found appellant guilty beyond reasonable doubt of statutory rape, sentencing him to reclusion perpetua and ordering him to pay civil indemnity and moral damages. The Court of Appeals (CA) affirmed the conviction but modified the damages. Appellant appealed to the Supreme Court.
ISSUE
Whether the Court of Appeals erred in affirming appellant’s guilt beyond reasonable doubt for the crime of statutory rape.
RULING
The Supreme Court dismissed the appeal and affirmed the conviction with modification to the penalty. The Court held that all elements of statutory rape were proven: (1) AAA was under twelve years old, as established by her Certificate of Live Birth, and (2) appellant had carnal knowledge of her, as proven by AAA’s credible, spontaneous, and straightforward testimony, which was consistent with the medico-legal findings of fresh hymenal lacerations. The Court reiterated that the highest respect is given to the RTC’s evaluation of witness credibility, especially when affirmed by the CA, and found no compelling reason to disturb their findings. However, the penalty was modified. Since the victim was below seven years old, the crime was qualified statutory rape punishable by death under Article 266-B. But due to Republic Act No. 9346 prohibiting the death penalty, the proper penalty is reclusion perpetua without eligibility for parole. The CA’s award of damages was affirmed: ₱75,000.00 as civil indemnity, ₱75,000.00 as moral damages, and ₱30,000.00 as exemplary damages, all with legal interest until fully paid.