People vs. Teodoro

Carnal knowledge of a woman below twelve years old constitutes statutory rape, punishable by reclusion perpetua, without need to prove force, intimidation, or injury, the only inquiries being the victim's age and whether carnal knowledge occurred. The victim's credible testimony alone, corroborated by medical findings, sustains conviction, and an Information alleging only the approximate date of commission is sufficient where time is not a material element except to establish minority below twelve.

AAA, born on July 21, 1983, was the minor daughter of the couple who employed appellant Romar Teodoro y Vallejo in San Pascual, Batangas. Appellant had lived in the family's house for more or less three years, dining with the family and sleeping with AAA's brothers. The 1995 charges were governed by Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659, before its repeal by the Anti-Rape Law of 1997.

AAA was born on July 21, 1983, and knew appellant since 1993 because he was an employee of her parents. Appellant had stayed in their house in Barangay Pook ni Banal, San Pascual, Batangas for about three years, eating with the family and sleeping with AAA's brothers in their three-bedroom house.

On the morning of June 18, 1995, while AAA's parents were at the sugarcane plantation, appellant went to the bathroom, kissed AAA on the face and neck, removed her clothes, pants and panty, removed his own pants, and inserted his penis into her vagina. AAA pushed, struggled, and felt pain, after which appellant threatened to kill her if she told her parents and then left. During the first week of July 1995 at around 10:00 in the morning, appellant again raped AAA in the same bathroom by removing her T-shirt, short pants and panties over her crying and pushing, then inserting his penis into her vagina, again threatening to kill her if she reported, before going to the field.

At around 10:00 p.m. on March 30, 1996, while her parents were asleep, appellant dragged AAA to the bathroom despite her striking him, removed her shorts and panty, and, while standing, inserted his penis into her vagina. According to AAA, her brother saw the incident and reported it to their mother, who confronted AAA the next day. AAA was medically examined by Dr. Mendoza on March 31, 1996 at police request, yielding healed hymenal lacerations compatible with prior sexual intercourse, gaping labia majora, abrasions, and a vaginal smear found by Donna Catapang to be positive for sperm cells.

Appellant, for his part, denied raping AAA on June 18, 1995 and in the first week of July 1995, but admitted sexual intercourse on March 30, 1996 as consensual. He claimed AAA had been his sweetheart since June 22, 1996, that while lying beside AAA's brother at the sala AAA signaled him to follow her to the bathroom where they had sex for 20 minutes, and that no force was used. The RTC credited AAA's positive, consistent identification and the corroborating medical evidence, convicted appellant in the two 1995 cases, and acquitted him in the 1996 case.

• Sufficiency of Evidence and Credibility: Appellant argued that the lower courts erred in convicting him of two counts of statutory rape despite failure to prove guilt beyond reasonable doubt, claiming the victim's testimony was full of inconsistencies.
• Defective Information: Appellant contended that the Information in Criminal Case No. 8539 was defective and vague for failure to state the exact date of commission, alleging only "sometime in the first week of July 1995."

• Sufficiency of Evidence and Victim Credibility: Whether appellant's guilt for two counts of statutory rape was proven beyond reasonable doubt despite alleged inconsistencies in the victim's testimony.
• Sufficiency of Information as to Date: Whether the Information in Criminal Case No. 8539 is defective for alleging only "in the first week of July 1995" instead of the exact date of commission.
• Penalty and Civil Liability: Whether the penalty of reclusion perpetua and the awards of civil indemnity, moral and exemplary damages are proper.

• Sufficiency of Evidence and Victim Credibility: Yes. Guilt was established beyond reasonable doubt by AAA's clear, convincing and corroborated testimony proving carnal knowledge of a girl below twelve.
• Sufficiency of Information as to Date: No. The Information is sufficient, as only the approximate date is required and time is not a material element of statutory rape except to prove minority below twelve.
• Penalty and Civil Liability: Yes, with modification. Reclusion perpetua per count and P50,000.00 civil indemnity per count were correct, with P50,000.00 moral damages and P30,000.00 exemplary damages per count additionally awarded.

• Sufficiency of Evidence and Victim Credibility: Statutory rape under Article 335 punishes carnal knowledge of a woman below twelve, with force, intimidation and physical injury rendered immaterial; the only inquiries are age and occurrence of carnal knowledge, consent being conclusively presumed. AAA positively and unwaveringly identified appellant as the perpetrator on both dates, detailing removal of clothing, penile insertion, pain, resistance, and death threats, corroborated by Dr. Mendoza's findings of healed lacerations and sperm-positive smear. Credence was given to the young victim's testimony absent any plausible motive to fabricate a grave charge, undergo genital examination, and endure public trial, while appellant's bare denial, unsupported by strong evidence of non-guilt, could not prevail over positive identification.
• Sufficiency of Information as to Date: Under Section 6, Rule 110 of the 2000 Revised Rules on Criminal Procedure, an Information is sufficient if it states the approximate date, and Section 11 dispenses with precise date except when date is a material element. The allegation of "in the first week of July 1995" together with minority "below 12 years old" adequately informed appellant of the rape charge and allowed preparation of defense, especially as birth on July 21, 1983 conclusively placed AAA below twelve at that time. The date of rape is not an essential element, time being relevant in statutory rape only to prove minority, and any formal defect was waived by failure to move for a bill of particulars or quashal before arraignment.
• Penalty and Civil Liability: Article 335 punishes rape by reclusion perpetua, correctly imposed per count for the two 1995 offenses. Civil indemnity of P50,000.00 per count is mandatory upon finding of rape, moral damages of P50,000.00 are awarded without further proof on the assumption of moral injury, and exemplary damages of P30,000.00 per count are justified under Article 2229 of the Civil Code to set a public example and deter elders who abuse youth.

• Statutory Rape — Carnal knowledge of a woman below twelve years old or demented constitutes rape under Article 335(3) of the Revised Penal Code; force, intimidation, and physical evidence of injury are immaterial, the only subjects of inquiry being age and occurrence of carnal knowledge, with consent conclusively presumed due to incapacity to discern good from evil. Applied to convict appellant upon proof that AAA, born July 21, 1983, was below twelve on June 18, 1995 and in the first week of July 1995 when penile insertion occurred.
• Credibility of Child Rape Victim — Testimonies of young and immature rape victims deserve full credence, and conviction may rest solely on credible, natural and convincing testimony, as no woman of tender age would concoct defloration, submit to genital examination, and undergo public trial merely to obtain an unjust conviction. Applied to credit AAA's consistent identification despite alleged inconsistencies, there being no plausible motive to falsely impute rape against a household member of three years.
• Denial as Defense — Denial is inherently weak and cannot prevail over positive identification unless supported by strong evidence of lack of guilt. Applied to reject appellant's bare denial of the 1995 incidents in the face of AAA's positive declaration.
• Sufficiency of Information as to Time — An Information need allege only the approximate date of commission; precise time is unnecessary unless time is a material ingredient, and the date of rape is not an essential element, being material in statutory rape only to establish minority below twelve. Applied to sustain the "first week of July 1995" allegation. Objections to form not raised before arraignment through bill of particulars or motion to quash are deemed waived.
• Civil Liability in Rape — Civil indemnity is mandatory upon rape conviction; moral damages are awarded without need of proof beyond the fact of rape; exemplary damages under Article 2229 of the Civil Code are awarded to set a public example against abuse of youth. Applied to award P50,000.00 civil indemnity, P50,000.00 moral damages, and P30,000.00 exemplary damages for each count.

• "What the law punishes in statutory rape is carnal knowledge of a woman below twelve (12) years old." — States the controlling definition that renders force and injury immaterial and limits inquiry to age and carnal knowledge.
• "The law presumes that the victim does not and cannot have a will of her own on account of her tender years; the child's consent is immaterial because of her presumed incapacity to discern good from evil." — Defines why consent and resistance are irrelevant when the victim is below twelve.
• "it is not necessary to state in the complaint or information the precise date the offense was committed, except when the date of commission is a material element of the offense." — States the rule sustaining the Information alleging only the first week of July 1995.
• "the testimonies of rape victims who are young and immature, as in this case, deserve full credence considering that no woman, especially one of tender age, would concoct a story of defloration, allow the examination of her private parts, and subject herself to a public trial if she had not been motivated by the desire to obtain justice for the wrong committed against her." — Articulates the credibility doctrine applied to AAA's testimony.

• People vs. Mateo, G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 640 — Followed as procedural basis for endorsing the case to the CA for intermediate review.
• People vs. Valenzuela, G.R. No. 182057, February 6, 2009, 578 SCRA 157 — Followed as controlling formulation of statutory rape, that force and injury are immaterial and consent is presumed.
• People vs. Malones, 469 Phil. 301 (2004) — Followed to credit the young victim's testimony as motivated by desire for justice rather than fabrication.
• People vs. Canares, G.R. No. 174065, February 18, 2009, 579 SCRA 588 — Followed on requisites of a sufficient Information and need to allege essential elements to inform the accused.
• People vs. Cachapero, G.R. No. 153008, May 20, 2004, 428 SCRA 744 — Followed to hold that failure to object to formal defects before arraignment constitutes waiver.
• People vs. Pancho, 462 Phil. 193 (2003) — Cited for the definition of statutory rape as departing from usual modes of rape.
• People vs. Natan, G.R. No. 181086, July 23, 2008, 559 SCRA 686 — Cited for the presumption of absence of will and immateriality of child's consent.

• Article 335, Revised Penal Code, as amended by Republic Act No. 7659 — Defines and punishes rape, including carnal knowledge when the woman is under twelve, by reclusion perpetua; applied to convict and sentence appellant for the two 1995 incidents.
• Section 6, Rule 110, 2000 Revised Rules on Criminal Procedure — Requires the Information to state the approximate date of commission among other requisites; applied to hold the "first week of July 1995" allegation sufficient.
• Section 11, Rule 110, 2000 Revised Rules on Criminal Procedure — Dispenses with precise date unless date is a material element; applied to reject the claim of defective Information since time was material only to prove minority.
• Article 2229, Civil Code — Authorizes exemplary damages to set public example and deter wrongdoing; applied to award P30,000.00 per count against abuse of youth.

Carpio, J. (Chairperson), Leonardo-De Castro, J., Del Castillo, J., Abad, J., concur.