GR 77778; (February, 1991) (Digest)
G.R. No. 77778 ; February 6, 1991
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RICARDO YAMBAO y SEQUERO, accused.
FACTS
Ricardo Yambao, a household helper, was charged with the rape of six-year-old Jennifer Viray. The prosecution alleged that in the second week of June 1986, while the victim’s mother was away, Yambao called Jennifer, pulled her into a makeshift playhouse (“bahay-bahayan”), and had carnal knowledge of her. The crime was reported to the mother about a month later when Jennifer complained of stomach pain. A medical examination revealed hymenal lacerations and a foul-smelling discharge, though the smear test for spermatozoa was negative.
The accused pleaded not guilty. He denied the accusation, attributing it to a grudge held by the victim’s mother over a dispute concerning water delivery. He also claimed he saw another man, Severino Sanchez, with the victim during the alleged incident. The trial court convicted Yambao of rape and sentenced him to reclusion perpetua, ordering him to indemnify the victim.
ISSUE
Whether the trial court erred in convicting the accused of rape beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The Court applied the guiding principles in reviewing rape cases, emphasizing that the testimony of a child victim must be scrutinized with extreme caution but also given full credence when credible. The delay in reporting the incident, approximately one month, did not undermine Jennifer’s credibility. As a six-year-old child, she likely did not comprehend the gravity of the offense immediately. Her testimony was clear, logical, and convincing.
The medical findings, specifically the hymenal lacerations at 2.5 and 9 o’clock positions, corroborated her account and proved penetration, a key element of rape. The absence of spermatozoa did not negate the commission of the crime, as it could be attributed to the significant lapse of time before the medical examination. The defense of alibi and imputation of motive were deemed weak and unsubstantiated, especially since the accused failed to present Sanchez to corroborate his alternative narrative. The prosecution’s evidence stood on its own merits and established moral certainty of guilt. The indemnity was increased to P40,000.00.