G.R. No. 174059 February 27, 2009
PEOPLE OF THE PHILIPPINES, Appellee, vs. DANILO SIA y BINGHAY, Appellant.

FACTS

On December 22, 1999, appellant Danilo Sia y Binghay was charged with statutory rape. The Information alleged that on or about December 20, 1999, in Iligan City, appellant, by means of force and intimidation, had carnal knowledge of AAA, a 4-year-old minor, against her will. Appellant pleaded not guilty upon arraignment. The prosecution established that on the afternoon of December 20, 1999, the victim AAA and appellant were seen entering a banana plantation. Minutes later, AAA emerged alone, half-naked, tearstained, and bloodied. She was immediately brought to the hospital where Dr. Luisa Lualhati Serate found her vagina and perineum severely lacerated and bleeding, injuries opined to result from sexual abuse. Dr. Margarita Angela Botilao performed reconstructive surgery to stop the hemorrhage. When asked who hurt her, AAA immediately identified “Tito Danny,” referring to appellant, a neighbor and close family friend. The defense asserted alibi, claiming appellant was elsewhere en route to Iligan City proper when the offense occurred. The Regional Trial Court found appellant guilty beyond reasonable doubt of statutory rape and sentenced him to death, also ordering him to pay civil indemnity and moral damages. The Court of Appeals affirmed the RTC’s findings but modified the damages, adding an award for exemplary damages.

ISSUE

Whether the Court of Appeals correctly affirmed the conviction of appellant Danilo Sia y Binghay for the crime of statutory rape.

RULING

Yes, the conviction is affirmed with modification. The Supreme Court held that neither alibi nor denial can prevail over the victim’s categorical and positive identification of the accused in the absence of proof of ill-motive. The four-year-old victim spontaneously identified appellant as the perpetrator, and given her tender age, she could not have invented such a horrid tale but must have truthfully recounted a harrowing experience. The Court found no reason to disturb the factual findings of the RTC as affirmed by the CA. However, pursuant to Republic Act No. 9346 , the penalty of death was commuted to reclusion perpetua without eligibility for parole. Furthermore, in line with recent jurisprudence, the awards of moral and exemplary damages were increased. Appellant Danilo Sia y Binghay is found guilty beyond reasonable doubt of statutory rape under Article 266-A(1)(d) of the Revised Penal Code and is sentenced to reclusion perpetua without eligibility for parole. He is ordered to pay AAA ₱75,000 as civil indemnity ex delicto, ₱75,000 as moral damages, and ₱30,000 as exemplary damages.