G.R. No. 219863 - PEOPLE OF THE PHILIPPINES, VS. RICHARD RAMIREZ Y TULUNGHARI, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the RTC sentenced appe1lant to suffer the penalty of a ) reclusion perpetua and to pay "AAA" P75,000.00 as civil indemnity, P75.000.00 as moral damages and P50,000.00 as exemplary damages in Criminal Case No. 07-0284; and b ) imprisonment of six (6) months of arresto mayor , as minimum, to four (4) years and two (2) months of prision correccional , as maximum, and to pay "AAA" P30,000.00 as civil indemnity, P30,000.00 as moral damages and P20,000.00 as exemplary damages in Criminal Case No. 07-0589. [12] Appellant thereafter appealed the RTC Decision before the CA. Ruling of the Court of Appeals The CA affirmed the RTC Decision in toto . Like the RTC, the CA found "AAA's" testimony worthy of credence. [13] It also noted that "AAA" had "positively identified appellant as her abuser and her statements under oath were sufficient to convict appe1lant for [his misdeeds]." [14] In addition, the CA held that appellant's defense of denial cannot prevail over "AAA's" testimony as it was not properly corroborated or substantiated by clear and convincing evidence. 1t likewise reiterated that the defense of denial could not prevail over "AAA's" positive identification of appellant as the perpetrator of the crimes charged. [15] Aggrieved, appellant filed the present appeal. The Issues Appellant raises the following issues for the Court's resolution: First , whether "AAA's" testimony was credible and straightforward, given that: ( a ) she simply answered "yes" to almost all of the trial prosecutor's leading questions; [16] and ( b ) the defense was able to prove that the alleged acts of rape could not have been perpetrated by appellant, as there were other persons present when said acts were supposedly committed; [17] and, Second , whether the absence of hymenal lacerations on "AAA" casts doubt on appellant's guilt. [18] The Court's Ruling After due consideration, we resolve to ( a ) affirm appellant's conviction in Criminal Case No. 07 0589, but modify the designation of the crime committed; and ( b ) grant his appeal in Criminal Case No. 07-0284. Elements of Rape in Criminal Case No. 07-0589 Established Article 266-A of the Revised Penal Code provides: ART. 266-A. Rape, When and How Committed . - Rape is committed - 1. By a man who shall have carnal knowledge of a woman under any of the following circumstances: Through force, threat or intimidation; When the offended party is deprived of reason or is otherwise unconscious; By means of fraudulent machination or grave abuse of authority; When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. (Emphasis supplied) x x x x "Statutory rape is committed by sexual intercourse with a woman below 12 years of age regardless of her consent, or the lack of it, to the sexual act." [19] Notably, the absence of free consent in cases of statutory rape is conclusively presumed and as such, proof of force, intimidation or consent i