G.R. No. 88006 -08 March 2, 1998
People of the Philippines, plaintiff-appellee, vs. Gerardo Molas y Cerdeña, accused-appellant.

FACTS

Accused-appellant Gerardo Molas y Cerdeña, the half-brother of the complainant’s mother, was charged with three counts of rape. The complaints alleged that on July 12, 1985, July 19, 1985, and November 22, 1985, in Quezon City, the accused, by means of force and intimidation, had carnal knowledge of the complainant, Lealyne Simangan, who was below twelve years old, without her consent and against her will. The accused-appellant pleaded not guilty. The prosecution’s evidence established that the complainant was seven years old at the time of the incidents and that all parties resided under the same roof. The first two incidents allegedly occurred while the complainant was alone watching television. The third incident on November 22, 1985, was witnessed by the complainant’s younger sister, who reported it to their mother. The defense consisted of denial, an alibi that his house was far from the complainant’s, an insinuation that injuries to the complainant’s private parts were from an accidental fall, and a claim that the charges were fabricated due to ill-will. The trial court acquitted the appellant in the first two cases for insufficiency of evidence but convicted him in Criminal Case No. Q-43222 (for the November 22, 1985 incident) and sentenced him to Reclusion Perpetua and ordered him to indemnify the complainant P30,000.00.

ISSUE

The primary issue is whether the trial court erred in convicting the accused-appellant of rape based on the evidence presented.

RULING

The Supreme Court affirmed the conviction but modified the indemnity. The Court found the appellant’s defenses unpersuasive. It held that the trial court’s findings on credibility are entitled to great weight and found no reason to reverse them. The Court noted that Exhibits 1 and 1-A (a certification regarding treatment for an accidental injury in March 1985) were admitted by the trial court but were immaterial as the rape occurred eight months later in November 1985; the medical report from November 23, 1985, indicated bleeding within the past 24-48 hours. The Court rejected the claim of fabricated charges, ruling it improbable for a seven-year-old girl to concoct a humiliating story of rape, and her consistent testimony during six court appearances and cross-examination deserved utmost credence. The conviction for rape was upheld. The indemnity was increased from P30,000.00 to P50,000.00 consistent with prevailing jurisprudence.