GR 224595; (September, 2019) (Digest)
G.R. No. 224595, September 18, 2019
People of the Philippines, Plaintiff-Appellee, v. GGG, Accused-Appellant.
FACTS
An Information charged accused-appellant GGG with the rape of AAA on March 1, 2005, in Dapitan City, with the aggravating circumstance of his knowledge that the victim was mentally retarded. The prosecution presented witnesses, including CCC, AAA’s 14-year-old brother, who testified that he was awakened at 5:00 a.m. and saw appellant on top of AAA having sexual intercourse; when he switched on the light, he saw appellant, who was only wearing a t-shirt and no pants, about to leave the room. BBB, AAA’s mother, testified that AAA is mute and has a very low comprehension level. Medical findings indicated lacerations in AAA’s vaginal canal and the presence of spermatozoa in her vagina. Dr. Zita Adaza testified that AAA is mentally retarded, mute, has a very low mental classification (profound level 5), and is totally dependent on her mother. The defense presented appellant and a witness, Eneria Tobio, who claimed appellant was at a different house during the incident. Appellant admitted he knew AAA was mute and mentally retarded.
ISSUE
Whether appellant’s guilt was proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed with modification the Court of Appeals’ decision. Appellant’s guilt for qualified rape was proven beyond reasonable doubt. The positive identification by witness CCC, who saw appellant raping AAA, prevails over appellant’s weak denial and alibi, especially since the house where he claimed to be was only 150 meters away from the crime scene. The victim’s mental retardation was established, and appellant admitted knowing of this disability. Under Article 266-B(10) of the Revised Penal Code, the crime is qualified rape, punishable by death. However, due to Republic Act No. 9346 prohibiting the death penalty, the penalty is reduced to reclusion perpetua without eligibility for parole. The Court increased the awards of civil indemnity, moral damages, and exemplary damages to P100,000 each, with interest at 6% per annum from the finality of the resolution until fully paid.