1 G.R. No.

206294 June 29, 2016 assault upon AAA, a 6-year old minor, by inserting his penis into her genital,
against her will, thereby causing the following on the genital of AAA, to wit:
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
Hymen- with healed laceration at 3 & 6 o'clock positions;
vs.
CERILO "ILOY" ILOGON, Accused-Appellant. Contrary to and in violation of Article 266-A of the Revised Penal Code.

A child of tender years may be asked leading questions under Section 10(c),  Upon arraignment, appellant pleaded not guilty to the crime charged.
Rule 132 of the Rules of Court. During pre-trial, the parties stipulated, among others, that: (1) the
nickname of the accused is Iloy; (2) AAA and appellant are
FACTS neighbors; (3) AAA is the daughter of BBB and that (4) AAA is a
minor.
The real name and identity of the rape victim, as well as the members of her
 Appellant interposed the defense of denial. He admitted having
immediate family, including other identifying information, shall not be
helped carry AAA down the roof but denied the rape charge.
disclosed pursuant to the Court's ruling in People v. Cabalquinto. We shall
Three neighbors were presented as witnesses to corroborate
refer to the rape victim as AAA, her mother as BBB. The rest of AAA's
appellant's story. Appellant's wife likewise took the witness stand to
relatives shall be called by their initials.
support her husband's version of the incident.
 The prosecution established that in the afternoon of 15 December
2002, six (6) year-old AAA was at her aunt L's house, playing with RTC: found appellant guilty beyond reasonable doubt of qualified rape.
her cousins J and P. They climbed up the roof of the house The RTC found no reason not to lend credence to the positive and
where AAA was left behind crying because she could not go consistent testimony of AAA. The said accused is hereby sentenced to
down after the others. suffer the penalty of reclusion perpetua. Moreover, the accused is sentenced
to pay the victim the sum of P50,000.00 by way of moral damages and
 Appellant, nicknamed "Iloy" and her aunt's neighbor, helped AAA
another sum of P50,000.00 by way of civil indemnity.
by carrying her down but towards his own house. There,
appellant removed his clothes, covered AAA's mouth, kissed
her and had carnal knowledge of her. AAA felt pain and cried. CA: affirmed the RTC's evaluation of AAA's credibility and found no
Afterwards, nearing nighttime, AAA ran away and went home. misapprehension or misappreciation of facts. Modification of damages:
 Around nine o'clock in the evening of the same day, AAA complained accused-appellant is ordered to pay the victim the sum of P75,000 as moral
to her mother of bodily ache and pain and that she could not urinate damages; civil Indemnity or P75,000.00; and exemplary damages or
as her female organ was painful. BBB examined and found it to be P30,000.00 with simple interest on the above damages accruing at the rate
reddish in appearance. The next day, BBB found out about the of six percent (6%) per annum from the finality or this decision until fully paid.
incident from AAA's cousins J and P which AAA confirmed.
BBB searched for appellant to no avail. BBB thus reported the ISSUE
incident to the police and thereafter, BBB brought AAA to the
Northern Mindanao Medical Center (NMMC) for physical Whether or not the testimony of AAA is credible. (Whether or not the
examination. prosecution was able to establish appellant's guilt of the crime charged
 AAA was physically examined by Dr. Harry L. Rodriguez, Medical beyond reasonable doubt. – YES)
Officer III of NMMC who reported in the Living Case Report that
AAA's hymen had healed lacerations at three o'clock and six RULING
o'clock positions.
 Appellant was charged with the crime of rape in an Information,
YES.
the accusatory portion of which reads as follows:

That on or about December 15, 2002, at x x x, x x x, Philippines, and within The law, in Articles 266-A and 266-B of the Revised Penal Code, as
the jurisdiction of this Honorable Court, the above-named accused, did then amended by Republic Act No. 8353, defines and punishes rape as follows:
and there willfully, unlawfully and feloniously committed an act of sexual
 Article 266-A. Rape; When and How committed. - Rape is committed - AAA, as a ten (10) year old, positively identified in court appellant as
the perpetrator of the crime. AAA, in open court, also related the painful
1. By a man who shall have carnal knowledge of a woman under any of the ordeal of her sexual abuse by appellant down to the sordid details. The
following circumstances: trial court, which had the better position to evaluate and appreciate
testimonial evidence found AAA's testimony to be more credible than
a. Through force, threat or intimidation; that of the defense. We quote the pertinent portions of AAA's testimony:
b. When the offended party is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; and Q: By the way do you know Cerilo Ilogon or Iloy?
d. When the woman is under twelve (12) years of age or is demented, even A: Yes, Ma'am.
though none of the circumstances mentioned above be present. Q: And are you neighbors with "Iloy"?
A: Yes, Ma'am.
Article 266-B. Penalties- Rape under paragraph 1 of the next preceding xxxx
article shall be punished by reclusion perpetua. Q: Where were you when Iloy removed his clothes in his house?
A: I was on the floor.
The death penalty shall also be imposed if the crime of rape is committed Q: On the floor of' Iloy's house?
with any of the following attendant circumstances: A: Yes, Ma'am.
Q: And when Iloy removed his clothes and you were on the floor, what did he do to you if any?
A: He covered my mouth.
5) When the victim is a child below seven (7) years old; Q: After he covered your mouth, what did he do next?
A: He kissed my mouth.
Statutory rape is committed by sexual intercourse with a woman below xxxx
twelve (12) years of age regardless of her consent, or the lack of it to the Q: What did he use to prick your vagina AAA?
sexual act. Proof of force, intimidation, or consent is unnecessary. The A: His penis.
absence of free consent is conclusively presumed when the victim is below Q: Did you sec lloy used (sic) his penis to prick your vagina [AAA]?
A: Yes, Ma'am.
the age of twelve (12). Sexual congress with a girl under twelve (12) years
xxxx
old is always rape. At that age, the law presumes that the victim does not
Q: When Iloy pricked your vagina with his penis what did you feel?
possess discernment and is incapable of giving intelligent consent to the A: I felt pain.
sexual act. To convict an accused of the crime of statutory rape, the Q: And considering that you felt pain, didn't you shout?
prosecution should prove: (l) the age of the complainant; (2) the A: But he covered my mouth.
identity of the accused; and (3) the sexual intercourse between the Q: And after he pricked your vagina with his penis, what if any did Iloy do?
accused and the complainant. A: He also inserted his finger into my vagina.
Q: What did you feel when Iloy directed his finger into your vagina?
The prosecution presented proof of the required elements of statutory A: It's painful.
Q: And did you cry because of the pain?
rape. AAA's age, only six (6) years old at the time of the crime, was
A: Yes, Ma’am.
evidenced by her Birth Certificate; she was born on 19 May 1996, while
the alleged rape was committed on 15 December 2002.
Some leading questions were warranted given the circumstances. A
Of primary importance in rape cases is the credibility of the victim's child of tender years may be asked leading questions under Section
testimony because the accused may be convicted solely on said 10(c), Rule 132 of the Rules of Court.
testimony provided it is credible, natural, convincing and consistent
with human nature and the normal course of things. Testimonies of Section 20 of the 2000 Rule on Examination of a Child Witness also
child victims are given full weight and credit, for when a woman or a provides that the court may allow leading questions in all stages of
girl-child says that she has been raped, she says in effect all that is examination of a child if the same will further the interests of justice.
necessary to show that rape was indeed committed. Youth and maturity This rule was formulated to allow children to give reliable and complete
are generally badges of truth and sincerity. evidence, minimize trauma to children, encourage them to testify in
legal proceedings and facilitate the ascertainment of truth.
The medical report of the physician confirms the truthfulness of the charge. view of Republic Act No. 9346, the penalty of reclusion perpetua should
While indeed the physician was not presented in court, it bears underscoring be imposed without the eligibility of parole.
however that medical examinations are merely corroborative in
character and not an indispensable element for conviction in rape. The award of damages on the other hand should be modified and
Primordial is the clear, unequivocal and credible testimony of private increased as follows: Pl00,000.00 as civil indemnity, P100,000.00 as moral
complainant which the Court, together with both the trial and appellate damages, and P100,000.00 as exemplary damages pursuant to prevailing
courts, so finds. jurisprudence. Further, the amount of damages awarded should earn interest
_____________________________________________________________ at the rate of six percent (6%) per annum from the finality of this judgment
until said amounts are fully paid.
ON DEFENSE OF DENIAL
WHEREFORE, premises considered, the Decision dated 24 February 2012 of the
The Court rejects appellant's defense of denial. Being a negative defense, Court of Appeals of Cagayan de Oro City, Twenty-Second Division, in CA-GR. CR-
if the defense of denial is not substantiated by clear and convincing HC No. 00837-MIN, finding appellant Cerilo "Iloy" Ilogon guilty beyond reasonable
evidence, as is the case herein, it merits no weight in law and cannot be doubt of the crime of qualified rape in Criminal Case No. 2003-324, is hereby
AFFIRMED with MODIFICATIONS that appellant is not eligible for parole. Appellant
given greater evidentiary value than the testimony of credible is also ORDERED to pay the private offended party as follows: P100,000.00 as civil
witnesses who testified on affirmative matters. It has been ruled that indemnity, P-100,000.00 as moral damages, and P100,000.00 as exemplary
between categorical testimonies that ring of truth on one hand and bare damages. He is FURTHER ordered to pay interest on all damages awarded at the
denial on the other, the former must prevail. Positive identification of legal rate of six percent (6%) per annum from the date of finality of this judgment until
the appellant, when categorical and consistent and without any ill fully paid.
motive on the part of the eyewitnesses testifying on the matter, prevails
over alibi and denial. Significantly, one of the defense witnesses, Merlinda
Gongob, confessed her dislike of and ill feelings towards BBB, reason to
consider her not an unbiased witness.

DELAY IN REPORTING THE INCIDENT

Further, although the rape incident in the case at bar was reported to the
police eighteen (18) days after, such delay does not affect the
truthfulness of the charge in the absence of other circumstances that
show the same to be a mere concoction or impelled by some ill motive.

In sum, the prosecution was able to establish appellant's guilt of the

PENALTY

Statutory rape, penalized under Article 266 A (1), paragraph (d) of the
Revised Penal Code, as amended by Republic Act No. 8353 or the Anti-
Rape Law of 1997, carries the penalty of reclusion perpetua unless attended
by qualifying circumstances defined under Article 266-B. In the instant case,
as the victim, AAA is below seven (7) years old, specifically six (6) years old
at the time of the crime, the imposable penalty is death. The passage of
Republic Act No. 9346 debars the imposition of the death penalty without
declassifying the crime of qualified rape as heinous. Thus, we affirm the
penalties imposed by the RTC and the Court of Appeals. However, in