G.R. No. 268564, June 10, 2024
ELMER PADUA Y GARIN A.K.A. “EMING,” PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

The accused, Elmer Padua y Garin, was charged with Rape by Sexual Assault under Article 266-A(2) of the Revised Penal Code. The Information alleged that on June 4, 2014, by means of force, violence, and intimidation, and taking advantage of the minority of AAA, who was 3 years old, the accused willfully removed her leggings and panty and inserted his finger into her vagina against her will. The accused pleaded not guilty. During pretrial, the parties stipulated on the identity of the accused, that he and the victim were neighbors, and that AAA was 3 years old at the time of the incident (born July 12, 2010).
The prosecution’s evidence established that on June 4, 2014, AAA was playing at a neighbor’s house. The accused called her to his house, which was seven meters away. There, he removed her leggings and panties and inserted his finger into her vagina, causing her to scream in pain. The accused covered her mouth. AAA’s mother, BBB, began calling for her, and upon hearing this, the accused returned AAA’s leggings. AAA ran to her mother crying but did not immediately disclose the incident. Two days later, she told her mother, “Nilabusan ako ni Eming” and that he inserted his finger into her vagina. BBB noticed AAA’s leggings were crumpled and she was not wearing underwear. They reported the incident to the barangay and the police. AAA was medically examined, and the medico-legal certificate showed a hymenal laceration, with an impression of “signs of sexual abuse.” The defense presented alibi and denial, claiming the accused was watering plants and later cooking at the time of the incident, and was with his mother.
The Regional Trial Court (RTC) found the accused guilty beyond reasonable doubt of Rape by Sexual Assault. The Court of Appeals (CA) affirmed the RTC judgment with modification, increasing the awards of damages. The accused filed a Petition for Review on Certiorari before the Supreme Court.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of the accused for the crime of Rape by Sexual Assault.

RULING

The Supreme Court DENIED the petition and AFFIRMED the Decision of the Court of Appeals with MODIFICATION. The Court held that all the elements of Rape by Sexual Assault under Article 266-A(2) of the Revised Penal Code were proven beyond reasonable doubt: (1) the accused inserted his finger into the vagina of AAA; (2) such act was accomplished through force, violence, or intimidation; and (3) AAA was under twelve (12) years of age at the time (three years old). The Court found the testimony of the child-victim, AAA, to be credible, straightforward, and consistent. Her testimony was corroborated by the medico-legal findings of hymenal laceration. The defense of alibi and denial cannot prevail over the positive identification by the victim. The crime was correctly classified as Rape by Sexual Assault under the Revised Penal Code, not under Republic Act No. 7610, as the Information specifically alleged the elements of rape under the former law. The Court modified the awarded damages in line with prevailing jurisprudence, ordering the accused to pay AAA Php75,000.00 as civil indemnity, Php75,000.00 as moral damages, and Php75,000.00 as exemplary damages, all with legal interest from the date of finality of the judgment until fully paid.