PEOPLE v. BAAY

People of the Philippines v. Jonathan Baay y Falco

G.R. No. 220143

June 7, 2017

FACTS:          

Upon arraignment, accused-appellant pleaded not guilty to the charge. Trial on the merits then ensued. The following are the events that led to the filing of the complaint and Information, as narrated by the victim, and her mother. Victim, testified that sometime in July 2005, she was drying palay when the accused-appellant invited her to go to the forest. Upon arrival thereat, the accused-appellant pulled down her shorts and underwear, then inserted his penis in her vagina and started a pumping motion. It lasted quite long, after which, a white liquid came out of the penis of the accused-appellant. Thereafter, she went home. After the incident. Victim  got pregnant.

On cross-examination, she testified that she practiced and was coached by her mother on what she had to say in court and to point to the accused-appellant as the one who had sex with her but in fact, the accused-appellant did not have sex with her. Mother testified that she came to know that her daughter was pregnant when she brought her to Dr. Hector Flores for a medical check-up and therein, Victim told her about the rape incident in the forest. The mother also brought Victim to Dra. Leah Florence Adicula-Sicad to assess Victim's mental/psychological status and then to the police for the purpose of filing the complaint. On April 21, 2006, Victim delivered a baby. This is Victim's second child, the first was fathered by a certain someone.

Accused-appellant denied the allegations against him. He testified that Victim's house is about 500 meters away from their house and that he knew that Victim is mentally retarded. He averred that he could not have raped Victim in July 2005 because from May 15 to August 30, 2005, he was working on the farm of a .certain Motet Monajan which is about one kilometer away from the forested area where the alleged crime took place. He stayed in a hut beside the said farm and bought his needs at a store near the place. He further averred that Victim 's family accused him of rape because of the trees he planted beside the pigpen owned by Victim 's family. The other defense witnesses testified on the whereabouts of accused-appellant during the month when the incident allegedly occurred to corroborate accused-appellant's testimony. In addition, Teresita Baay testified that the conflict with Victim 's family started in September 2005 when they discovered that Victim was pregnant and the latter's family was ashamed that the child to be born had no father. Also, Victim 's family has issues with accused-appellant's family because the former claimed ownership over the trees planted by the latter.

RTC found that the prosecution was able to prove that the accused-appellant had carnal knowledge with Victim, a mental retardate. JONATHAN BAA Y y FALCO alias "Jun-Jun" GUILTY beyond reasonable doubt of the crime of Rape which is defined and punished under Article 266-A, paragraph l(d) in relation to Article 266-B, paragraph I of the Revised Penal Code.

ISSUES:

WO/N: CA, in affirming the decision of the RTC, erred in convicting the accused-appellant of Statutory Rape?

RULING:

Accused-appellant faults the R TC for finding him guilty beyond reasonable doubt of raping Victor. He insisted that he should be acquitted of the charge because doubts linger as to whether or not he had sex with Victim or the rape incident happened, considering Victim's conflicting responses to the queries regarding the same. The accused-appellant capitalizes on the fact that during Victim's cross-examination, the latter candidly stated that accused-appellant did not have sex with her.

Wherefore the court ruled and sustained the conviction against to the Accused-Appellant.