G.R. No. 153008 - PEOPLE OF THE PHILIPPINES, VS. LARRY CACHAPERO Y BASILIO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, accused LARRY CACHAPERO y [BASILIO] is hereby found GUILTY beyond reasonable doubt of the crime of RAPE , under Article 266-A of the Revised Penal Code, in relation to R.A. No. 7610, and is hereby sentenced to suffer the penalty of reclusion perpetua, with its accessory penalties, and [is hereby further] directed to pay the victim the sum of P50,000.00 as civil indemnity, the sum of P50,000.00 as moral damages and another sum of P25,000.00 as exemplary damages. [2] The Information [3] dated December 1, 1998, charged appellant in these words: That sometime in March 1998, in the Municipality of Camiling, Province of Tarlac, Philippines and within the jurisdiction of this Honorable Court, the above-named accused did then and there wilfully, unlawfully and feloniously by means of force and intimidation succeed in having sexual intercourse with Anna Laurence Toledo, a 7-year old minor. [4] Upon his arraignment on October 2, 2000, [5] appellant, assisted by his counsel de oficio, [6] pleaded not guilty. After trial in due course, the court a quo rendered the assailed Decision. The Facts Version of the Prosecution In its Brief, the Office of the Solicitor General (OSG) presents the prosecutions version of the facts in the following manner: Sometime in March 1998, complainant Anna Toledo, who was seven (7) years old, went to play with Lorena Cachapero and Dino Cachapero at a nearby house in Barrio Bancay 1st, Camiling, Tarlac. During that occasion, appellant Larry Cachapero, brother of Lorena, made her lie down and removed her shorts and panty. He inserted his penis into her sexual organ and she felt pain. Larry told her not to tell her parents because he might be scolded. On September 2, 1998, witness Conchita Donato was conducting a remedial class in Reading to her Grade I and II students. While they were reading the word tagtuyot or saluyot, one of her students Jocelyn Meneses told her that Anna was sexually abused by Manong Larry. She then ordered the students to leave the room and asked Jocelyn and Anna to stay behind. She confronted Anna and asked her the truth. Anna covered her face with her two hands, cried, and said yes. The teachers had a conference, after which they decided to report the matter to the parents of Anna. On September 3, 1998, Annas mother brought her to the Camiling District Hospital where she was examined. Dr. Mercedes B. Gapultos, a Medico Legal Officer, examined Anna and came out with the following report: Findings: Pelvic Exam: - Mons pubis undeveloped, no pubic hairs - Old hymenal lacerations noted at 3:00 oclock and 9:00 oclock positions. - No abrasions, contusions noted in the perineum. Dr. Gapultos testified that she found old hymenal lacerations and that it may be caused by many factors like penetration of the hymen by a hard object, or by an object forcibly entered. [7] (Citations omitted) Version of the Defense Interposing the defenses of denial and alibi, appe