G.R. No. 185723 - PEOPLE OF THE PHILIPPINES, VS. EDWIN MEJIA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the Court finds accused Edwin Mejia, GUILTY beyond reasonable doubt for the crime of Rape as charged under Article 266-A of the Revised Penal Code in Criminal Case No. SCC-4081, and is hereby sentenced to suffer the penalty of Reclusion Perpetua . Accused is directed to pay the victim P50,000.00 as indemnity. However, as to Criminal Case No. SCC-4080, it is settled that each charge of rape is a separate and distinct crime and each must be proven beyond reasonable doubt. Mere laying on top of the alleged victim even if naked does not constitute rape. The prosecution therefore failed to prove the essential elements of rape, but the Court finds accused GUILTY beyond reasonable doubt of the lesser offense of Acts of Lasciviousness under Article 336 of the Revised Penal Code and is hereby sentenced to suffer the indeterminate penalty of 6 months of arresto mayor , as minimum to 3 years of prision correctional , as maximum. The court a quo gave more credence to the testimony of private complainant AAA, who charged accused-appellant with committing the bestial act resulting in her pregnancy. The trial court applied the principle that an affirmative testimony carries more weight than a mere denial. Accused-appellant's denial was found to be unsubstantiated and merely self-serving, vis-à-vis the positive declaration of AAA and the frank manner in which she recounted her ordeal. In fact, the defense of alibi put up by accused-appellant was uncorroborated. Finally, the element of hate was not given much weight by the trial court. It stated that, assuming this element was present, it did not detract from AAA's credibility. The trial court appreciated the qualifying circumstance of minority and relationship, so that under Article 266-B of Republic Act No. 8353, the penalty would have been death. With the suspension of the death penalty due to the enactment of Republic Act No. 9346, the RTC imposed reclusion perpetua . Insisting on his innocence and invoking the twin defenses of denial and alibi, accused-appellant elevated the case to the Court of Appeals via a notice of appeal. Thus, on 14 July 2008, the Court of Appeals affirmed accused-appellant's guilt in the two cases, but modified the decision of the court a quo by disregarding the qualifying circumstance of minority and awarding moral damages, to wit: WHEREFORE , the decision of the trial court in Crim Case No. 6295 is hereby AFFIRMED with MODIFICATION, to wit: (1) In Criminal Case No. SCC-4081, appellant Edwin Mejia is hereby found guilty of simple rape and is sentenced to suffer the penalty of reclusion perpetua . Appellant is further ORDERED to indemnify AAA in the amount of P50,000 as civil indemnity and P50,000 as moral damages. (2) In Criminal Case No. SCC-4080, appellant Edwin Mejia is guilty beyond reasonable doubt of the crime of Acts of Lasciviousness under Article 336 of the Revised Penal Code and is hereby sentenced to suffer the indeterminate penalty of Six (6) months of arresto