G.R. No. 211604 - PEOPLE OF THE PHILIPPINES, VS. DARYL POLONIO Y TUANGCAY, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing considerations this Court finds the accused DARYL POLONIO Y TUNGCAY guilty beyond reasonable doubt of rape and is hereby sentenced to suffer the penalty of RECLUSION PERPETUA and further order the accused to pay the victim [AAA] Seventy-Five Thousand pesos (P75.000.00) as civil indemnity and Fifty Thousand pesos (P50,000.00) as moral damages. [20] The accused questioned the RTC Decision before the Court of Appeals, assigning the following errors: I. THE COURT A QUO GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE PROSECUTION'S FAILURE TO PROVE HIS GUILT BEYOND REASONABLE DOUBT. II. ASSUMING, WITHOUT CONCEDING, THAT THE ACCUSED-APPELLANT INDEED SEXUALLY MOLESTED THE PRIVATE COMPLAINANT, THE COURT A QUO GRAVELY ERRED IN CONVICTING HIM DESPITE THE FAILURE OF THE INFORMATION TO PROPERLY APPRISE HIM OF HIS OFFENSE. [21] The Court of Appeals found that the appeal has no merit. We quote below the pertinent portions of the Court of Appeals decision: Article 266-A, paragraph 1 of the Revised Penal Code, as amended by Republic Act No. 8353, defines Rape as an act committed by a man who has 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 is 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 this instance, accused-appellant admitted that he used force and violence against the victim AAA. He testified that he boxed AAA and when she fell, accused-appellant sat on her stomach and boxed her again. It has also been established that when CCC saw accused-appellant carrying AAA, the latter was unconscious and in a state of undress. It was CCC who put back AAA's shorts and underwear on her after accused-appellant threw her on the ground before he jumped over the fence to escape. Notably, AAA's underwear had bloodstains, and this was seen by POl Milagros Patil-ao at the hospital. While conducting the investigation, AAA likewise complained to POl Patil-ao about the pain she felt in her private part. The Medical Certificate executed by Dr. Licyayo also noted that AAA actually sustained a laceration in her vagina at 6 o'clock position. The categorical narration by AAA of her encounter with accused-appellant and the physical evidence that clearly proved sexual intercourse support the conclusion that accused-appellant did, in fact, commit rape against AAA through force or intimidation. Force as an element of rape is that which is needed to overpower the resistance of the offended party and to consummate the offense. In this case, the three (3) blows to the head with a stick and several blows using his fist that caused AAA's unconsciousness definitely enabled accused-appellant to carry out his evil deed without any de