People v.

Jacinto
G.R. No. 182239, March 16, 2011

FACTS: In the evening of January 28, 2003 at about 6 oclock in the evening, FFF, the father of the victim
AAA, sent his 8 year old daughter CCC to buy cigarettes at the store of Rudy Hatague. AAA
followed CCC. When CCC returned without AAA, FFF was not worried as he thought AAA was
watching television at her aunt Rita Lingcays house. Julito Apike went to the same store at
around 6:20 PM to buy a bottle of Tanduay Rum and saw appellant place AAA on his lap. Julio,
Hermie and AAA left the store at the same time, Julito proceeded to Ritas house while Hermie
and AAA to the lower area. AAA was brought by Hermie to the ricefield near the house of
spouses Alejandro and Gloria Perocho, there AAA was made to lie down on the ground, her
panties removed and was boxed by the accused in the chest. Half-naked, accused mounted AAA
and made a push and pull movement causing AAA to cry. Appellant then went to the house of the
Perochos while the victim went home crying. Medico-legal exam revealed hymenal laceration at 5
and 9 oclock.

RTC finds accused guilty beyond reasonable doubt of rape and sentenced to reclusion perpetua,
a fine of PHP 75,000 as rape indemnity and PHP 50,000 as moral damages.

CA on appeal affirmed the lower courts decision with the following modifications: (1) accused
should suffer an indeterminate penalty from 6 years and 1 day to 12 years of prision mayor as
minimum to 17 years and 4 months of reclusion temporal as maximum and fined PHP 75,000 as
civil indemnity, PHP 75,000 as moral damages, and PHP 25,000 as exemplary damages.
.

ISSUE: Is the accused guilty beyond reasonable doubt of the crime of rape?

RULING: Yes, the Court considered three well-entrenched principles: (1) accusation of rape can be made
with facility, it is difficult to prove but more difficult for the accused, though innocent, to disprove,
(2) testimony of the complainant must be scrutinized with extreme caution, (3) evidence for
prosecution must stand on its own merit and not depend on the weakness of the defense.

The Court finds that the testimony of the victim was credible, natural and convincing as proven by
victims positive identification of the accused, description of what was done to her and how the
accused spread her legs, inserted his penis and made push and pull movements. This was
corroborated by medico-legal findings of hymenal lacerations. Court finds that the prosecution
sufficiently established the guilt of the accused beyond reasonable doubt but imposes a penalty
of reclusion perpetua, and affirms the damages awarded by the CA of PHP 75,000 as civil
indemnity, PHP 75,000 as moral damages and increasing exemplary damages to PHP 30,000.
Furthermore, in accordance with Section 38 of RA 9344, automatic suspension of sentence is
applied and in accordance with Section 51 of RA 9344, accused is confined to an agricultural
camp or other training facility established, maintained, and controlled by BUCOR in coordination
with the DSWD.