Philippine Supreme Court Resolutions

G.R. No. 198021 (People of the Philippines v. Rudy Guillero y Quivido @ Vergel). - We resolve the appeal, filed by accused Rudy Guillero y Quivido @ Vergel (appellant), from the February 8, 2011 decision^[1] of the Court of Appeals (CA)in CA-G.R. CR-HC No. 03938.

  The RTC Ruling 

In its November 25, 2008, decision,^[2] the Regional Trial Court (RTC) of Malolos City, Bulacan, Branch 77, convicted the appellant of rape,^[3] committed against 8-year-old^[4] AAA^[5] on April 24, 2002. It gave credence to AAA's testimony that it found to be straightforward and consistent, and corroborated by the medico-legal report. It rejected the appellant's bare denial and uncorroborated alibi. It sentenced the appellant to suffer the penalty of reclusion perpetua. It also ordered him to pay AAA the amounts of P50,000.00 as civil indemnity and P50,000.00 as moral damages.

The CA Ruling 

On intermediate appellate review, the CA affirmed the RTC's appreciation of AAA's straightforward testimony pointing to the appellant as her rapist. It stressed that AAA�s positive identification of the appellant should prevail over the latter's self-serving allegation of ill-motive against AAA's parents.

In rejecting the appellant's allegation that AAA could not have been raped as she "did not suffer any serious pain as she continued playing"^[6] after the incident, the CA noted that AAA testified that she "felt pain"^[7]  when the appellant put his penis into her vagina, and that no standard norm of behavior can be established for victims of rape, especially child victims. It, likewise, rejected the appellant's contention of lack of force or intimidation since the appellant committed statutory rape where force need not be proven as an element.

The CA sustained the RTC's imposition of the penalty of reclusion perpetua, but modified the appellant's civil liability to include P25,000.00 as exemplary damages.^[8]

We now rule on the final review of the case.

Our Ruling 

We dismiss the appeal.

Upon careful review of the records, we see no reason to disturb the findings of the RTC, as affirmed by the CA. AAA was categorical and straightforward in narrating the sordid details of her horrid experience as the appellant ravished her despite her tender age. When the victim's testimony is credible, it may be the sole basis for the accused's conviction. Owing to the nature of the crime of rape, the only evidence available in many cases is the testimony of the offended party;^[9] thus, this fact-alone should not defeat the testimony of the victim that is otherwise credible and straightforward.

With the presentation of AAA's birth certificate^[10] confirming that she was indeed 8 years old at the time she was raped, the lower courts correctly sentenced the appellant to suffer the penalty of reclusion perpetua.^[11] In line with prevailing jurisprudence,^[12]  the award of P25,000.00 as exemplary damages must be increased to P30,000.00.cralaw

WHEREFORE, the February 8, 2011 decision of the Court of Appeals in CA-G.R. CR-HC No. 03938 is hereby AFFIRMED with MODIFICATION. Appellant Rudy Guillero y Quivido @ Vergel is found guilty beyond reasonable doubt of the crime of rape and sentenced to suffer the penalty of reclusion perpetua. He is also ordered to pay AAA the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P30,000.00 as exemplary damages.

SO ORDERED. 

Very truly yours, 

(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court

Endnotes:

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^[1] Penned by Associate Justice Fernanda Lampas Peralta, and concurred in by Associate Justices Priscilla J. Baltazar-Padilla and Elihu A. Yba�ez; rollo, pp. 2-16.

^[2] Docketed as Criminal Case No. 2672-M-2002; CA rollo, pp. 21-27. 

^[3] See REVISED PENAL CODE, Article 266-A, as amended by Republic Act No. 8353, otherwise known as The Anti-Rape Law of 1997, which became effective on October 22, 1997. 

^[4] The Certificate of Live Birth shows that AAA was born on March 19, 1994; original records, p. 215. The appellant admitted AAA's minority at the December 4, 2002 pre-trial; id. at 19. 

^[5] The real name of the rape victim is withheld and, instead, fictitious initials are used to represent her. (People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419.) 

^[6] CA rollo, p. 56. 

^[7] TSN, October 8, 2003, p. 15. 

^[8] Supra note 1. 

^[9] People of the Philippines v. Alberto Anticamara y Cabillo and Fernando Calaguas Fernandez a.k.a. Lando Calaguas, G.R. No. 178771, June 8, 2011. 

^[10] Supra note 4. 

^[11] REVISED PENAL CODE, Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. 

^[12] People of the Philippines v. Eduardo Dahilig y Agaran, G.R. No. 187083, June 13, 2011; and People of the Philippines v. Ito Pinic, G.R. No. 186395, June 8, 2011.