G.R. No. 205308 February 11, 2015
People of the Philippines, Appellee, vs. Oscar Santos y Encinas, Appellant.

FACTS

Appellant Oscar Santos y Encinas was charged with one count of rape (in relation to Republic Act No. 7610 ) and fifteen counts of acts of lasciviousness (violation of Article 336 of the Revised Penal Code in relation to Section 5 of RA 7610). The rape charge alleged that in June 1997, appellant had carnal knowledge with AAA, his seven-year-old goddaughter. The fifteen charges of acts of lasciviousness alleged that on different dates from July 1997 to September 1998, appellant kissed AAA’s neck and lips, and licked her sex organ. AAA testified that in June 1997, appellant grabbed her, brought her to his house, removed her panties, licked her vagina, and then inserted his penis into her vagina. She further testified that once a month from July 1997 to September 1998, appellant brought her to his house and kissed her lips and neck, and licked her vagina. On two incidents in July and August 1997, appellant forcibly put his penis inside her mouth. Appellant would give her money afterwards. AAA did not initially tell anyone because she was afraid. AAA’s mother learned of the incidents in September 1999 after a relative informed her that appellant had also molested her other daughter. AAA’s mother then brought AAA for a medical examination, which stated her hymen was “intact with wider opening.” AAA’s birth certificate confirmed she was born on 20 May 1990. Appellant denied the allegations, testifying that as a fisherman, he was always at sea during the period of the alleged incidents.

ISSUE

The primary issue is whether the Court of Appeals correctly affirmed with modifications the trial court’s decision finding appellant guilty beyond reasonable doubt of rape and fifteen counts of acts of lasciviousness.

RULING

The Supreme Court denied the appeal and affirmed the Decision of the Court of Appeals with modifications. The Court found the testimony of AAA credible, straightforward, and consistent. The defense of denial cannot prevail over the positive identification by the victim. The medico-legal finding of an intact hymen does not negate rape, as full penetration is not required. The Court modified the penalties. For the crime of rape under Article 266-A(1)(d) of the Revised Penal Code, as the victim was under twelve years old, the penalty is reclusion perpetua. For the fifteen counts of acts of lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b) of RA 7610, as the victim was under twelve years old, the penalty is reclusion temporal in its medium period. Applying the Indeterminate Sentence Law, the appellant was sentenced for each count of acts of lasciviousness to an indeterminate penalty ranging from fourteen (14) years, eight (8) months and one (1) day of reclusion temporal medium, as minimum, to seventeen (17) years and four (4) months of reclusion temporal maximum, as maximum. Appellant was also ordered to pay AAA civil indemnity, moral damages, and exemplary damages for each count.