PEOPLE vs.

SOBUSA [610 SCRA 538, 2010]

Criminal Law
DOCTRINE: Youth and immaturity are generally badges of truth and sincerity. Testimonies of child victims
are given full weight and credit, for when a woman or a girl-child says that she has been raped, she says in
effect all that is necessary to show that rape was indeed committed. When the rape victims testimony is
corroborated by the physicians finding of penetration, there is sufficient foundation to conclude the
existence of the essential requisite of carnal knowledge. Ill motive is not an element of the crime of rape and
the attribution of ill motive in this case cannot overturn the well-established essential elements of the crime
charged.
FACTS: AAA is the 11-year old daughter of BBB and CCC out of wedlock. When BBB got married to Sobusa,
AAA was sent to live with her grandmother. In February 2000, she lived in the house of Sobusa while her
mother, BBB was in Taiwan. She stayed in the house of her stepfather until April 2000 because, according to
her, she was raped by Sobusa before Holy Week (April 17-20). Charges were filed against him when AAAs
aunt learned of the rape. RTC and CA ruled that Sobusa was guilty beyond reasonable doubt for qualified
rape. Sobs asserts that the case was merely prodded by AAAs relatives who were not in good terms with him
as they did not approve of his marriage with AAAs mother. He alleges that he treated his stepdaughter, AAA,
as his very own daughter and denies having raped her and, that he could not have committed the crime
imputed to him because, as a security guard, he often worked on the night shifts from 3:00 p.m. until 11:00
p.m. or from 11:00 p.m. until 7:00 a.m. of the following day.
ISSUE:

1.

Whether or not there was qualified rape - YES

1.

Sobusa was convicted beyond reasonable doubt of the crime of qualified rape on
the basis of the following: (1) AAAs credible testimony concerning the rape
incident; (2) AAAs positive identification of accused-appellant as the one who
raped her; (3) physical evidence consistent with AAAs assertion that she was
raped; and (4) the absence of ill motive on AAAs part in filing the charge.

HELD:

Testimonies of child victims are given full weight and credit, for when a woman or a girl-child says that she
has been raped, she says in effect all that is necessary to show that rape was indeed committed. Youth and
immaturity are generally badges of truth and sincerity. AAAs testimony that she was raped by Sobusa is
highly trustworthy. She was a young, guileless slip of a girl, less than 12 years of age, who would not concoct
a sordid tale against her stepfather whom she endearingly calls papa. Her consistent and clear narration of
how Sobusa sexually abused her adds to her credibility. She was able to identify Sobusa as the rapist when he
covered her mouth when she woke up due to him mashing her body.
When the rape victims testimony is corroborated by the physicians finding of penetration, there is sufficient
foundation to conclude the existence of the essential requisite of carnal knowledge. The medical finding of
AAAs old healed hymenal lacerations is consistent with her testimony that her private parts bled after she
was sexually ravished.
The qualifying circumstance of relationship of AAA with Sobusa as well as her minority was sufficiently
established. AAA is the stepdaughter of the accused-appellant in view of the marriage of AAAs mother with
accused-appellant. The birth certificate of AAA, on the other hand, proves that she was only 10 years old on
the month of April of the year 2000 or at the time the rape was committed.
As to the assertion of ill-motive, this was not supported by evidence. No family member would expose a
fellow family member to the ignominy of a rape trial or to the shame and scandal of having to undergo such a
debasing ordeal merely to satisfy their alleged motive if the charge is not true. Also, ill motive is not an
element of the crime of rape and the attribution of ill motive in this case cannot overturn the wellestablished essential elements of the crime charged.