People v. Eulalio
G.R. No. 214882
October 16, 2019
FACTS:
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.
ISSUE:
Whether
or not the CA erred in affirming the RTC
HELD:
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.”
