PEOPLE v AYCARDO

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. SALVADOR AYCARDO, Accused-Appellant

G.R. No. 218114 

June 5, 2017 

FACTS: 

That sometime in the evening of September, 2007, at Barangay Tinapian, of the Municipality of Manito, Province of Albay, Philippines, and within the jurisdiction of the Honorable Court, the above-named accused, an adult, taking advantage of his influence being the uncle and relative by affinity within the 3rd civil degree of [AAAI as well as the tender age of the said [AAAI, with lewd and unchaste design, did then and there willfully, unlawfully and feloniously have carnal knowledge upon the person of said minor [AAA], an eleven (11) year old girl, against her will and consent, to her damage and prejudice. Upon arraignment, Aycardo, duly assisted by counsel, pleaded "not guilty" to both charges. After the pre-trial conference was terminated, a joint trial on the merits ensued. The prosecution presented three (3) witnesses, namely: AAA, the victim; BBB, her mother; and Dr. James M. Belgira. The facts established by the evidence of the prosecution, as summed up by the CA, are as follows: In 2007, private complainant AAA, then 11 years old, was residing in Manito, Albay, at the house of her Tiya Tess and the latter's husband "Tiyu Buddy," herein accused-appellant, as AAA's mother, BBB, who was based in Batangas, entrusted her to Tiya Tess, BBB's sister. Sometime in September 2007, at around one o'clock in the afternoon, AAA was in a room inside the house of accused-appellant, when the latter entered, attempted to remove her shorts and panties and tried to insert his finger into her vagina. Accused-appellant failed to undress AAA because she resisted his advances, but accused-appellant was able to touch her vagina with his finger. AAA then ran to the house of her cousin Joy. Later in the evening that same day, accused-appellant came by to fetch her, telling her she needed to prepare his and Tiya Tess' meal. AAA yielded and returned to accused-appellant's house. WHEREFORE, in Criminal Case No. FC-08-0272, this Court finds accused Salvador Aycardo GUILTY beyond reasonable doubt of the crime of Acts of Lasciviousness defined and penalized under Article 336 of the Revised Penal Code. Likewise, in Criminal Case No. FC-08-0273, this Court finds accused Salvador Aycardo GUILTY beyond reasonable doubt of the crime of Rape as defined under Article 266-A 1 (d) and penalized under Article 266-B thereof. Aggrieved by the RTC decision, Aycardo filed an appeal before the CA, arguing that the R TC gravely erred in convicting him of the crimes of Acts of Lasciviousness and Rape, despite the prosecution's failure to prove his guilt beyond reasonable doubt. 

ISSUES: 

1. WHETHER OR NOT his guilt beyond reasonable doubt of the crime of rape be imposed upon him. 

2. WHETHER OR NOT his appeal may be given merit. 

HELD: 

1. YES. The fact that AAA stated that Aycardo's private part touched her vagina "slightly only" hardly means that there was no penetration at all, since her testimony was corroborated by the findings of the examining physician, showing a "clear sign of blunt vaginal penetrating trauma." Further, as aptly noted by the CA, Dr. Belgira testified that he found AAA's hymen to be dilated or "very wide" which was abnormal, considering that a normal hymen opening for a young girl her age should be very small, and that such condition could have been caused by the protrusion into her vagina of a blunt hard object such as a finger or penis. In People of the Philippines v. Padit, the Court explained why the slightest penetration of the female genitalia consummates the rape. Carnal knowledge is defined as the act of a man having sexual bodily connections with a woman; as such, a mere touching of the external genitalia by the penis capable of consummating the sexual act already constitutes consummated rape. In seeking his acquittal of the crimes charged, Aycardo raised the defenses of denial and alibi. AAA's positive and credible testimony, coupled with the medical findings, deserves more persuasive weight than Aycardo's bare denial and alibi, which are self-serving defenses that cannot be given greater weight than the declaration of a credible witness who testified on affirmative matters and positively identified him as the perpetrator of the crimes. In the Appellee's Brief, the OSG argued that Aycardo's guilt for the crimes of Qualified Rape and Acts of Lasciviousness were proved beyond reasonable doubt. It also rejected as inherently weak his defenses of denial and alibi that he was staying in Batangas in September 2007. 

2. NO. The appeal lacks merit, but a modification of the penalty imposed and the damages awarded, is in order. It is well settled that in criminal cases, an examination of the entire records of a case may be explored for the purpose of arriving at a correct conclusion, as an appeal in criminal cases throws the whole case open for review, it being the duty of the appellate court to correct such error as may be found in the judgment appealed from, whether they are made the subject of the assignment of errors or not. After a careful review of the records, the Court finds no cogent reason to depart from the findings of both the RTC and the CA that the prosecution was able to prove beyond reasonable doubt all the elements of the crimes of Acts of Lasciviousness and Qualified Rape. 

The decision of the Supreme Court is that the accused-appellant Salvador Aycardo’s appeal was DISMISSED and he is found guilty beyond reasonable doubt of the crime of Rape as defined under Article 266-A (1)(d) and penalized under Article 266-B of the Revised Penal Code. In view of the presence of the qualifying circumstances of the victim's minority and her relationship with the appellant as the latter's relative by affinity within the 3rd degree, Aycardo is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole, in accordance with Section 3 of Republic Act No. 9346. He is, likewise, ordered to pay AAA the amount of ₱l00,000.00 as civil indemnity, ₱l00,000.00 as moral damages, and ₱l00,000.00 as exemplary damages.