GR 93030 31; (August, 1991) (Digest)
G.R. No. 93030 -31; August 21, 1991
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFREDO ALEGADO Y DELIMA, accused-appellant.
FACTS
Accused-appellant Alfredo Alegado, a market watchman, was convicted by the Regional Trial Court of two counts of statutory rape against Cristina Deang, allegedly committed on April 14 and 20, 1988, at the San Carlos City public market. The informations alleged the victim was “a girl below twelve (12) years of age.” During the incidents, Alegado brought the victim to a deserted upper floor of the market building. On both occasions, he used force and intimidation, threatened to kill her, and succeeded in having carnal knowledge. After each act, he gave the victim two pesos. On the second occasion, Patrolwoman Evangeline Alfaro saw Alegado leaving the scene and subsequently observed the victim descending, pale, bleeding, and reeling. The defense contested the victim’s age and argued the acts were consensual.
ISSUE
The core issues were: (1) whether the prosecution proved with certainty that the offended party was below twelve years old at the time of the incidents to constitute statutory rape under Article 335, paragraph 3 of the Revised Penal Code; and (2) whether the accused’s guilt was proven beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. On the first issue, the Court held the victim’s age was sufficiently established. Her testimony, corroborated by her mother and her birth certificate, conclusively proved she was only eleven years old at the time of the rapes. The defense’s failure to present contrary evidence was fatal. For statutory rape, carnal knowledge with a girl under twelve is punishable regardless of her consent; proof of force or intimidation is unnecessary. Nonetheless, the Court noted the trial court correctly found that force and intimidation attended the commission, as indicated by the phrase “against her will” in the informations and the victim’s detailed account of threats and physical coercion. The absence of physical injuries or immediate shouting does not negate rape, as the force need only be sufficient to consummate the act. The Court deemed the appellant’s argument that the P2.00 payment implied consent as depraved and offensive. The civil indemnity was increased to P50,000.00 per count in line with prevailing jurisprudence.