G.R. No. 267163 , October 29, 2024
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDUARDO DELA CRUZ Y TOLENTINO, ACCUSED-APPELLANT.

FACTS

Accused-appellant Eduardo Dela Cruz y Tolentino was charged with the rape of AAA267163, a 16-year-old “special child,” alleged to have occurred on February 25, 2015. The Information stated the act was committed by means of force and intimidation, against her will, and prejudicial to her development. During trial, AAA267163 testified that Dela Cruz called her into a Born Again church, touched her breast and vagina, inserted his finger, removed her clothing, laid her on a chair, kissed her vagina, and inserted his penis. Her sworn statement detailed the acts. A medical certificate showed her hymen was intact with no signs of injury. The trial court observed her demeanor and, with no objection from the defense, treated her as a child witness. Dela Cruz denied the charge, testifying he merely helped pull up her shorts after seeing her roam while shaking, and was subsequently accused by her mother. He admitted knowing she was mentally challenged. The Regional Trial Court convicted Dela Cruz of statutory rape under Article 266-A(1)(d) of the Revised Penal Code, sentencing him to reclusion perpetua and ordering him to pay damages. The Court of Appeals affirmed the conviction but modified the damages. Dela Cruz appealed to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in affirming accused-appellant Eduardo Dela Cruz y Tolentino’s conviction for rape.

RULING

The Supreme Court modified the ruling. The Court found that all elements of rape under Article 266-A(1) of the Revised Penal Code were proven. AAA267163’s positive, credible, and categorical testimony established that Dela Cruz had carnal knowledge of her. The medical certificate’s finding of an intact hymen does not disprove rape, as it is merely corroborative. Dela Cruz’s denial cannot prevail over the victim’s positive testimony. However, the Court held that the conviction for statutory rape under paragraph 1(d) of Article 266-A was erroneous. While AAA267163 was identified as a “special child” and her child-like demeanor was observed, the records contained no clinical evidence or specific finding of her mental age. For statutory rape under subparagraph (d) to apply when the victim is “demented,” her mental age must be proven to be below twelve years. The absence of such proof precludes conviction for statutory rape. Consequently, Dela Cruz is guilty of rape under Article 266-A(1)(a) (by means of force, threat, or intimidation) as alleged in the Information. The Court affirmed the penalty of reclusion perpetua and the awards of civil indemnity, moral damages, and exemplary damages at PHP 75,000.00 each, with interest, as modified by the Court of Appeals.