GR 225146; (November, 2017) (Digest)
G.R. No. 225146 . November 20, 2017
ROGELIO B. ANTONE, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.
FACTS
Petitioner Rogelio B. Antone was charged with two counts of Statutory Rape for sexually assaulting his 11-year-old niece-in-law, AAA, in August and November 1997. AAA testified that she was living in Antone’s house when the assaults occurred. In the first incident, Antone carried her to a bedroom, removed her clothing, and had carnal knowledge of her despite initial physical difficulty, threatening to kill her if she told anyone. A second, similar assault occurred months later. AAA later engaged in an incestuous relationship with her own brother. When discovered, she confessed to her mother that Antone had raped her, leading to a medical examination and the filing of criminal cases. Antone denied the accusations, claiming the charges were fabricated to cover up the family’s embarrassment over AAA’s incestuous conduct.
ISSUE
Whether the conviction of Rogelio B. Antone for two counts of Statutory Rape should be upheld.
RULING
Yes, the conviction is affirmed. The Supreme Court dismissed the petition, primarily on procedural grounds. Antone elevated the case via a petition for review on certiorari under Rule 45. However, since the Court of Appeals imposed the penalty of reclusion perpetua and not death, the proper remedy was an appeal via a notice of appeal to the Supreme Court under Section 3(c), Rule 122 of the Revised Rules of Criminal Procedure. The Court strictly applied the doctrine of hierarchy of courts, emphasizing that a direct invocation of its jurisdiction is allowed only in exceptional cases involving constitutional issues or where the ends of justice require it. No such compelling reasons were present here.
Substantively, the Court found no reason to deviate from the factual findings of the lower courts, which were affirmed. The testimony of AAA, who was a minor at the time of the assaults, was clear, credible, and sufficient to establish guilt beyond reasonable doubt for Statutory Rape. Her young age and lack of ill motive lent credence to her account. The defense of denial and fabrication could not overcome the positive identification and the statutory presumption of carnal knowledge given AAA’s age. The awards of civil indemnity, moral damages, and exemplary damages were sustained.