GR 97137; (March, 1994) (Digest)
G.R. No. 97137 March 4, 1994
People of the Philippines, plaintiff-appellee, vs. Fulgencio Montes y Grafil alias “Fulgen,” defendant-appellant.
FACTS
Fulgencio Montes y Grafil was convicted by the trial court for the rape of seven-year-old Avelina Y. Bonga and sentenced to reclusion perpetua with indemnity. Avelina, born in 1981, was entrusted to her aunt Elena Y. Borja after her mother left to work abroad. On the afternoon of December 9, 1981, while Avelina was playing at her grandmother’s house, the accused, a 51-year-old farmer, grabbed her, gagged her mouth, and dragged her to a nearby coconut grove. There, he removed his pants and her panties, made her sit on his lap in a squatting position, and inserted his penis into her vagina. Avelina felt pain and cried. After the act, the accused gave her P1.00 and told her to go home. She reported the incident to her aunt, who then reported it to the police. A medical examination conducted the following day revealed a fresh hymenal laceration and the presence of spermatozoa. The accused denied the charge, claiming he was at the grandmother’s house seeking shelter from rain and that the complaint was filed due to his aunt’s anger over an unrelated incident involving coconuts.
ISSUE
Whether the trial court erred in finding the accused-appellant guilty of rape beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The testimony of the seven-year-old victim was found to be credible, natural, and convincing, detailing the rape in a candid manner. Her account was corroborated by her aunt and, more importantly, by the medical findings of a fresh hymenal laceration and the presence of spermatozoa. The Court rejected the appellant’s defense of denial and his theory that the victim was coerced by her aunt to falsely accuse him, finding such claim untenable and unsupported by evidence. The essence of statutory rape under Article 335 of the Revised Penal Code is carnal knowledge of a woman below twelve years old; force or intimidation is inconsequential. Given the victim’s age of seven, the crime was conclusively established. The Court modified the civil indemnity, increasing it from P30,000.00 to P50,000.00. The decision of the trial court was affirmed with this modification.