GR 231358; (July, 2019) (Digest)
G.R. No. 231358 July 8, 2019
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. ERNESTO AVELINO, JR. y GRACILLIAN, Accused-Appellant
FACTS
The accused-appellant, Ernesto Avelino, Jr., was charged with the rape of AAA, a 15-year-old mental retardate, sometime in May 2006 in Caloocan City. The prosecution alleged that while AAA was putting the appellant’s son to sleep in the appellant’s house, he prevented her from leaving, threatened her with a knife, undressed her, and had carnal knowledge against her will. The incident was reported after AAA became pregnant and her family had relocated. A medico-legal examination confirmed a healed hymenal laceration consistent with blunt penetrating trauma.
The defense presented denial and alibi. Appellant claimed he did not personally know AAA, did not hire her to care for his children, and was at home with his family on the alleged date. His father corroborated this, stating AAA’s family merely rented an adjacent house. The Regional Trial Court convicted appellant of rape under Article 266-A of the Revised Penal Code, sentencing him to reclusion perpetua and awarding damages. The Court of Appeals affirmed the conviction but modified the exemplary damages.
ISSUE
Whether the Court of Appeals erred in affirming appellant’s conviction for rape.
RULING
The Supreme Court affirmed the conviction. The Court upheld the credibility of AAA’s consistent and categorical testimony, which detailed the use of a knife, threats, and the sexual act. Her mental disability did not impair her credibility, as the trial court found her narration straightforward and worthy of belief. The medico-legal findings corroborated her account of penetration. Against this positive identification, the defense of denial and alibi must fail, as alibi is inherently weak and cannot prevail over the victim’s positive testimony.
The Court clarified that while the Information cited Republic Act No. 7610 (the Special Protection of Children Against Abuse, Exploitation and Discrimination Act), the proper crime is simple rape under the Revised Penal Code. RA 7610 applies to children exploited in prostitution or sexual abuse for consideration, which was not alleged or proven. Therefore, the penalty of reclusion perpetua under Article 266-B was correctly imposed. However, following prevailing jurisprudence, the Court modified the awards: civil indemnity, moral damages, and exemplary damages were increased to ₱75,000.00 each, all with 6% interest per annum from finality until fully paid.