G.R. No. 249307 - BBB,[1], VS. THE PEOPLE OF THE PHILIPPINES.

Ruling

WHEREFORE, based [on] the forgoing disquisitions, this court finds the accused guilty of the crime as charged beyond reasonable doubt and he is hereby sentenced to suffer an indeterminate penalty of two (2) years, four (4) months and one (1) day of prision correctional as minimum to [eight] (8) years and one (1) day of prision mayor as maximum. The accused is further directed to pay the victim the sum of P30,000.00 as civil indemnity; P30,000.00 as moral damages, and P30,000.00 as exemplary damages. The period of preventive detention of the accused is counted in his favor. Cost de Officio. [16] The trial court gave full credence to complainant's testimony. It noted that complainant was just eleven (11) years old at the time the crime was committed., hence, the only subject of inquiry is whether "carnal knowledge" in fact took place. It similarly noted that complainant never faltered in her testimony even when she was subjected to a grueling cross-examination by the defense. Her testimony was not only consistent and straightforward, it was further supported by Dr. Ureta's findings. The trial court, too, adopted the social worker's finding that petitioner acted with discernment when he committed the offense. For petitioner admitted that complainant was his girlfriend and he understood how difficult it was inside the detention cell. In fact, he even cried when recalling his time inside. The trial court, nonetheless, concluded in the body of its decision that since Dr. Ureta found complainant's hymen to be intact, petitioner cannot be convicted of rape, but only of lascivious conduct. Ruling of the Court of Appeals On appeal , the Court of Appeals rendered its assailed Decision dated August 29; 2019, [17] viz .: WHEREFORE , [the] foregoing premises considered, the appeal is DENIED . The Decision dated 06 July 2018 of the Regional Trial Court (RTC), Branch 23, 12th Judicial Region, Kidapawan City in Crim. Case No. 1737-2013 in convicting the appellant of the crime charged is hereby AFFIRMED in that accused-appellant BBB is GUILTY beyond reasonable doubt of the crime of Rape by Sexual Assault under paragraph 2, Article 266-A of the Revised Penal Code and is sentenced to suffer the indeterminate penalty of two (2) years, four (4) months and one (1) day of prision correctional [sic] in its medium period, as minimum, to eight (8) years and one (1) day of prision mayor in its medium period, as maximum. Accused-appellant is ORDERED to pay the private complainant the amounts of P30,000.00 as civil indemnity, P30,000.00 as moral damages, and P30,000.00 as exemplary damages. The amounts of damages awarded shall have an interest of six percent (6%) per annum from the date of finality of judgment until fully paid. The case against the accused-appellant shall be REMANDED to the trial court for appropriate disposition in accordance with Section 51 of Republic Act No. 9344. SO ORDERED.