PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSELITO BARTOLOME y GARCIA, Accused-Appellant. G.R. No. 191726 , February 6, 2012.

FACTS: Joselito Bartolome was charged with the crime of rape under Article 266-A of the Revised Penal Code, as amended, for having carnal knowledge of AAA, a minor under 12 years of age. The prosecution presented AAA’s testimony detailing the sexual assault, which was corroborated by her mother and the medico-legal findings. The defense interposed denial and alibi. The Regional Trial Court convicted Bartolome of qualified rape and sentenced him to death. Pursuant to the ruling in *People v. Mateo*, the case was automatically elevated to the Court of Appeals for intermediate review. The Court of Appeals affirmed the conviction but modified the penalty to reclusion perpetua without eligibility for parole, in accordance with Republic Act No. 9346 , which prohibits the imposition of the death penalty.

ISSUE

Whether the Court of Appeals correctly affirmed the conviction of the accused-appellant for qualified rape and imposed the penalty of reclusion perpetua without eligibility for parole.

RULING

Yes, the Court of Appeals is affirmed. The Supreme Court, in its resolution, found no reversible error in the appellate court’s decision. The conviction was based on the credible, categorical, and consistent testimony of the victim, which withstood rigorous cross-examination. The minority of the victim, being under 12 years old, was sufficiently proven by her birth certificate. This minority qualifies the crime under Article 266-B, making it punishable by *reclusion perpetua* to death. However, with the effectivity of R.A. No. 9346 , the proper penalty is reclusion perpetua without the benefit of parole under the Indeterminate Sentence Law. The award of damages was also modified in line with prevailing jurisprudence: moral damages and civil indemnity were increased to P100,000.00 each, and exemplary damages of P100,000.00 were awarded.