SECOND DIVISION
[ G.R. No. 229861, July 02, 2018 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.
FRANCISCO EJERCITO, ACCUSED-APPELLANT.
DECISION
PERLAS-BERNABE, J.:
Assailed in this ordinary appeal[1] is the Decision[2] dated October 28, 2016 of the
Court of Appeals (CA) in CA-G.R. CEB CR. HC. No. 01656, which affirmed the
Decision[3] dated April 8, 2013 of the Regional Trial Court of xxxxxxxxxxx,[4] Branch
60 (RTC) in Crim. Case No. CEB-BRL-1300 finding accused-appellant Francisco
Ejercito (Ejercito) guilty beyond reasonable doubt of the crime of Rape defined and
penalized under Article 266-A, in relation to Article 266-B, of the Revised Penal
Code (RPC), as amended by Republic Act No. (RA) 8353,[5] otherwise known as
"The Anti-Rape Law of 1997."
The Facts
This case stemmed from an Information[6] filed before the RTC charging Ejercito of
the aforesaid crime, the accusatory portion of which reads:
That on or about the 10th day of October, 2001 at past 7:00 o'clock in the evening,
at xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx,
Philippines, and within the jurisdiction of this Honorable Court, the above-named
accused, with lewd design and by means of force and intimidation, did then and
there willfully, unlawfully and feloniously lie and succeed in having carnal
knowledge with [AAA], a minor, who is only fifteen (15) years old at the time of the
commission of the offense against her will and consent and which act demeans the
intrinsic worth and dignity of said minor as a human being.
CONTRARY TO LAW.[7]
The prosecution alleged that at around six (6) o'clock in the evening of October 10,
2001, AAA, then a fifteen (15) year old high school student, was cleaning the
chicken cage at the back of their house located in xxxxxxxxxxxxxxxxx when
suddenly, she saw Ejercito pointing a gun at her saying, "Ato ato lang ni. Sabta
lang ko. Ayaw gyud saba para dili madamay imo pamilya." AAA pleaded, "Tang,