GR L 33926; (July, 1974) (Digest)
G.R. No. L-33926 July 31, 1974
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEDRO GONZALES, defendant-appellant.
FACTS
Pedro Gonzales, a 36-year-old tuba-gatherer and uncle of the victim’s father, was convicted of rape by the Court of First Instance of Palawan and sentenced to life imprisonment. The victim was Teresita Aurelio, his 11-year-old grandniece. The prosecution established that Gonzales, taking advantage of his familial relationship and the trust of Teresita’s parents, had engaged in sexual intercourse with her on multiple occasions in 1965, the last instance occurring on July 23. On that night, Teresita’s mother, Margarita Agpao, became suspicious, waited under their house, and later witnessed Gonzales putting on his pants inside. She confronted him, and the subsequent investigation led to Gonzales executing a sworn, voluntary statement before the Municipal Judge admitting to the sexual act. A medical examination confirmed Teresita’s loss of virginity.
ISSUE
The core issue is whether the conviction of Pedro Gonzales for the crime of rape is supported by the evidence and in accordance with law.
RULING
The Supreme Court affirmed the conviction. The legal logic is anchored on Article 335(3) of the Revised Penal Code, which penalizes carnal knowledge of a girl below twelve years of age as rape, irrespective of the use of force, intimidation, or the victim’s consent. Teresita was eleven, thus the essential element of the crime was conclusively established. Gonzales’s own sworn, voluntary confession, corroborated by the victim’s testimony and the medical findings, rendered his guilt indubitable. The Court clarified that the penalty for simple rape, as defined at the time of the crime, was reclusion perpetua, having been increased from reclusion temporal by Republic Act No. 4111. The presence of the aggravating circumstance of dwelling did not alter this indivisible penalty. The trial court’s judgment was modified to correctly designate the penalty as reclusion perpetua, to delete the inappropriate recommendation for pardon, and to impose civil indemnity of twelve thousand pesos on Gonzales payable to the victim.