GR 214882; (October, 2019) (Digest)
G.R. No. 214882, October 16, 2019
The People of the Philippines, Plaintiff-Appellee v. Bernabe Eulalio y Alejo, Accused-Appellant.
FACTS
Accused-appellant Bernabe Eulalio y Alejo was convicted by the Regional Trial Court (RTC) of Malabon City for rape and acts of lasciviousness. The charges stemmed from two incidents involving the victim, AAA, who was 11 years old at the time. In August 2004, Eulalio summoned AAA to his house, threatened to kidnap her sibling if she refused, brought her inside a room, undressed her and himself, rubbed his genitalia against hers, kissed her, forcibly spread her legs, and inserted his penis into her vagina, covering her mouth to prevent shouting. AAA did not report the incident due to threats. In September 2004, AAA was again summoned by Eulalio to her own house, where he made her lie on a bed and kissed her. They were found in this position by AAA’s parents, who reported the incident. A medical examination revealed a deep healing laceration in AAA’s hymen. Eulalio pleaded not guilty but waived his right to present evidence during trial. The RTC found him guilty of statutory rape for the August incident and acts of lasciviousness for the September incident. The Court of Appeals affirmed the conviction but modified the monetary awards. Eulalio appealed, arguing his guilt was not proven beyond reasonable doubt.
ISSUE
Whether the accused-appellant is guilty beyond reasonable doubt of the crimes of rape and acts of lasciviousness.
RULING
The Supreme Court denied the appeal and affirmed the convictions with modifications. For the August 2004 incident (Criminal Case No. 31438-MN), the Court found Eulalio guilty of statutory rape under Article 266-A of the Revised Penal Code. The elements were satisfied: AAA was under 12 years old (as proven by her birth certificate), and Eulalio had carnal knowledge of her. Force, threat, or intimidation was present but not necessary for statutory rape, as the law presumes absence of free consent when the victim is below 12. The medical findings corroborated AAA’s testimony. The penalty imposed was reclusion perpetua. Eulalio was ordered to pay AAA P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages, all with 6% interest per annum from finality of judgment.
For the September 2004 incident (Criminal Case No. 31439-MN), the Court found Eulalio guilty of acts of lasciviousness under Article 336 of the Revised Penal Code, as amended by Republic Act No. 7610. Although charged with rape, acts of lasciviousness is a lesser included offense. Eulalio committed lewd acts (kissing) upon AAA, an 11-year-old, using intimidation. The penalty imposed was an indeterminate prison term of 6 months of arresto mayor as minimum to 4 years and 2 months of prision correccional as maximum. Eulalio was ordered to pay AAA P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages, all with 6% interest per annum from finality of judgment. The Court upheld the credibility of AAA’s testimony, which was consistent and corroborated, and noted Eulalio’s waiver of his right to present evidence as indicative of the weakness of his defense.