People vs. Agalot (2018)

PEOPLE OF THE PHILIPPINES vs. JOSEPH AGALOT

G.R. No. 220884, February 21, 2018

MARTIRES, J.:

Facts: Appellant was charged with rape in relation to R.A. No. 7610 in an Information which alleges that the accused with lewd design and by means of force and intimidation did then and there willfully, unlawfully, and feloniously have carnal knowledge with one AAA, a girl 12 years of age without her consent and against her will. The physical examination conducted on AAA by Dr. Mandin showed Abrasion noted at 4 o'clock position; Admits examining finger (little finger) with pain and Cervical swab sent for spermatozoa examination.

According to the appellant, he was then cooking bananas when he asked AAA to fetch water. She complied but when it took her a long time to come back, he went out and found her at the basketball court where she was playing with her slippers. He got a guava branch which he used to whip her but because she still did not want to go home, he dragged her towards the house.

Issue: Whether or not appellant is guilty of rape.

Ruling: Yes. For a charge of rape under Article 266-A(1) of Republic Act (R.A.) No. 8353 to prosper, it must be proven that: (1) the offender had carnal knowledge of a woman, and (2) he accomplished such act through force or intimidation, or when she was deprived of reason or otherwise unconscious, or when she was under 12 years of age or was demented.

The basic rule is that when a victim's testimony is credible and sufficiently establishes the elements of the crime, it may be enough basis to convict an accused of rape. The records reveal that the testimony of AAA, though she was only a child, was full of details which she credibly narrated because these were the truth.

Dr. Mandin testified that when she did a perineal examination of AAA she noted erythema or redness caused by force or pressure on her right and left labia majora, and abrasion of the vulva at 4 o'clock position. Upon internal examination, the examining finger was admitted with pain. Further, the defense of alibi and denial proffered by the accused-appellant were inherently weak and which cannot prevail over the positive identification by AAA that it was the accused-appellant who raped her.

Ratio Decidendi: A rape victim's account is sufficient to support a conviction for rape if it is straightforward, candid, and corroborated by the medical findings of the examining physician.

Gist: This is an appeal from the Decision of the CA which affirmed the Judgment of the RTC finding him guilty of Rape in relation to Republic Act (R.A.) No. 7610, as amended.