G.R. No. 217024 . August 15, 2016.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RODEL BOLO Y MALDO, ACCUSED-APPELLANT.

FACTS

Accused-appellant Rodel Bolo y Maldo was charged with rape by sexual assault under Article 266-A, paragraph 2, in relation to Article 266-B of the Revised Penal Code. The Information alleged that on or about April 9, 2007, in Quezon City, by means of force and intimidation, he willfully, unlawfully, and feloniously inserted his finger into the vagina of his 4-year-old daughter, AAA, against her will and without her consent. Upon arraignment, appellant pleaded not guilty. The prosecution presented the testimonies of the victim AAA, the Medico-Legal Officer Police S/Insp. Dr. Marianne S. Ebdane, and PO1 Simeon Masangaya. AAA testified that while standing by the gate of her maternal aunt’s house in the evening of April 9, 2007, appellant kissed her on the neck and inserted his finger in her vagina, causing her pain. She reported the incident to her grandmother, who brought her to the police station. The medico-legal examination conducted two days later found no evidence of injury or laceration on AAA’s hymen, but the doctor explained that penetration could occur without injury due to the elasticity of a child’s hymen and that any redness or irritation may have healed after fourteen hours. The defense presented only appellant’s testimony, denying the charges and claiming he was in a drinking session with a kumpadre at the time, and that the charge was fabricated by his angry mother-in-law. The Regional Trial Court found appellant guilty beyond reasonable doubt of rape and sentenced him to reclusion perpetua and ordered him to pay civil indemnity, moral damages, and exemplary damages. The Court of Appeals affirmed the conviction but modified the penalty to an indeterminate sentence of 12 years of prision mayor, as minimum, to 20 years of reclusion temporal, as maximum, and adjusted the damages. Appellant appealed to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in convicting the accused-appellant despite the alleged failure of the prosecution to prove his guilt beyond reasonable doubt, specifically concerning: (1) the sufficiency of the Information; (2) the proof of the elements of the crime; (3) the establishment of the exact time and place of the crime; and (4) the proof of the qualifying circumstances of minority and relationship.

RULING

The Supreme Court affirmed the conviction but modified the penalty and damages. The Court held that the Information was not defective as it clearly alleged all the essential elements of the crime, sufficiently apprising appellant of the charge against him. The prosecution proved the elements of rape by sexual assault beyond reasonable doubt through AAA’s credible, straightforward, and consistent testimony, which was corroborated by her immediate report of the incident and the medico-legal findings that penetration without injury was possible. The exact time and place are not elements of the crime; what is decisive is the act of sexual assault. However, the Court found that the qualifying circumstance of minority was not proven with the requisite independent evidence, such as a birth certificate, baptismal certificate, or school records. While the victim’s age was manifest from her appearance and testimony, the Court strictly applied the rule that minority must be proved by independent evidence. The qualifying circumstance of relationship was proven as appellant admitted being AAA’s father. Consequently, the crime committed is simple rape by sexual assault under Article 266-A(2) of the Revised Penal Code, punishable by prision mayor. Applying the Indeterminate Sentence Law, the penalty imposed is an indeterminate sentence of six (6) years and one (1) day of prision correccional, as minimum, to twelve (12) years of prision mayor, as maximum. Appellant was ordered to pay AAA P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P30,000.00 as exemplary damages, with legal interest on all damages awarded at 6% per annum from the finality of the judgment until fully paid.