G.R. No. 199226 - PEOPLE OF THE PHILIPPINES, VS. ROEL VERGARA Y CLAVERO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, judgment is hereby rendered finding accused ROEL VERGARA y CLAVERO guilty beyond reasonable doubt of the crime of RAPE as defined and punished under paragraph (1), (d) Article 266-A of the Revised Penal Code, as amended by RA 8363, and accordingly sentencing him to suffer the penalty of reclusion perpetua and to indemnify the victim [AAA] in the amount of P50,000.00 as civil indemnity, the amount of P50,000.00 as moral damages, and the amount of P25,000 as exemplary damages. [19] Accused-appellant sought recourse from the Court of Appeals, anchoring his appeal on a lone assignment of error, to wit: THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT OF THE CRIME CHARGED DESPITE THE PROSECUTIONS FAILURE TO ESTABLISH HIS GUILT BEYOND REASONABLE DOUBT. [20] The Court of Appeals promulgated its Decision on March 31, 2011, wholly affirming the judgment of conviction rendered by the RTC against accused-appellant. The appellate court upheld the assessment by the RTC of the witnesses credibility, as well as the conclusion of said trial court that the prosecution was able to establish, beyond reasonable doubt, accused-appellants guilt for the crime of simple statutory rape. Aggrieved, accused-appellant comes before this Court through the instant appeal. The appeal is bereft of merit. Under Article 266-A(1) of the Revised Penal Code, as amended by Republic Act No. 8353, [21] the crime of rape is committed by a man having carnal knowledge of a woman under any of the following circumstances: (a) through force, threat or intimidation; (b) when the offended party is deprived of reason or otherwise unconscious; (c) by means of fraudulent machination or grave abuse of authority; and (d) when the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. In People v. Teodoro , [22] the Court clearly explained the elements of statutory rape committed under Article 266-A(1)(d): Rape under paragraph 3 of this article is termed statutory rape as it departs from the usual modes of committing rape. What the law punishes in statutory rape is carnal knowledge of a woman below twelve (12) years old . Thus, force, intimidation and physical evidence of injury are not relevant considerations; the only subject of inquiry is the age of the woman and whether carnal knowledge took place. The law presumes that the victim does not and cannot have a will of her own on account of her tender years; the childs consent is immaterial because of her presumed incapacity to discern good from evil. (Citations omitted.) In the case at bar, the prosecution was able to establish beyond reasonable doubt that accused-appellant had carnal knowledge of AAA in the afternoon of September 12, 2004, when AAA was just nine years old. In her Sworn Statement dated September 15, 2004 to Senior Police Officer 4 Eloisa B. Ocava, AAA narrated how accused-appellant had been raping her sin