People v. Eulalio


People v. Eulalio

G.R. No. 214882

October 16, 2019


                The RTC and CA convicted Bernabe Alejo for the crime of Rape and Acts of Lasciviousness. AAA, 11 years old, was playing in the street. When AAA refused, Eulalio threatened AAA that he would kidnap one of her siblings. They went inside a room and started to undress her. He undress himself and while standing rubbed his penis against AAA and kissed her. He told her to lie down and forcibly inserted his penis into her vagina.


                Whether or not the CA erred in affirming the RTC


                No. Article 266-A of the Revised Penal Code enumerates the elements of rape as follows: Article 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: a) Through force, threat, or intimidation; b) When the offended party is deprived of reason or otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. AAA’s positive and catergorical testimony, together with her father’s testimony, should be given credence especially since Eulalio did not even bother to raise any defense at all.

                The Court emphasizes that “a young girl’s revelation that she had been raped, coupled with her voluntary submission to medical examination and willingness to undergo public trial where she could be compelled to give out the details of an assault on her dignity, cannot be so easily dismissed as mere concoction.”




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