G.R. Nos. 135454-56 - PEOPLE OF THE PHILIPPINES, VS. RODERICK SANTOS Y YAMAT.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds the accused guilty beyond reasonable doubt of two counts of statutory rape penalized under Art. 335, par. 3 and acts of lasciviousness penalized under Art. 336 both of the Revised Penal Code. He is hereby sentenced to two (2) counts reclusion perpetua and imprisonment of 12 years and one (1) day of reclusion temporal and to pay the victim the sum of P150,000.00 and to pay the cost." [3] Three separate Informations, all dated January 28, 1998, were filed by the Office of the Provincial Prosecutor, charging appellant as follows: Criminal Case No. 98-2027-M "That in or about and within the month of August, 1993, in the Municipality of Masantol, Province of Pampanga, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, RODERICK SANTOS y YAMAT, by means of force, violence and intimidation did then and there succeed in having carnal knowledge [of] Mila C. Bonifacio, an eight (8) year old, a minor, against her will and without her consent." [4] Criminal Case No. 98-2028-M "That on or about the 1 st day of January, 1994, in the Municipality of Masantol, Province of Pampanga, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, RODERICK SANTOS y YAMAT, by means of force, violence and intimidation, did then and there wilfully, unlawfully and feloniously succeed in having carnal knowledge [of] Mila C. Bonifacio, a nine (9) year old, a minor, against her will and without her consent." [5] Criminal Case No. 98-2029-M "That on or about the 24 th day of March, 1995, in the Municipality of Masantol, Province of Pampanga, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, RODERICK SANTOS y YAMAT, with lewd design, did then and there wilfully, unlawfully and feloniously commit acts of lasciviousness upon the person of Mila C. Bonifacio, a nine (9) year old, a minor, by then and there kissing her face and neck, by means of force and against her will." [6] Upon his arraignment on April 3, 1998, appellant, duly assisted by Atty. Venancio Viray, pleaded not guilty to all the charges. Trial on the merits proceeded in due course. Thereafter, the trial court rendered the assailed Decision. The Facts Version of the Prosecution In its Brief, [7] the Office of the Solicitor General adopted the trial court's narration of facts as follows: "From all the evidence presented, the Court finds that private complainant Mila Bonifacio was born on June 2, 1985 at Cambagi, Masantol, Pampanga [to] her parents, Alfredo Bonifacio and Juana Bonifacio. [Her u]ncle married accused'[s] sister. They are not related by consanguinity or affinity. "Sometime in August of 1993, private complainant was 8 years and 2 months old then when, at about four o'clock in the afternoon, her father ordered her to deliver the hammer the former borrowed from the accused at the latter's house, which is just a house away from the house of the private complainant. Upon handing