Republic of the Philippines
SUPREME COURT
Manila
FIRST DIVISION
G.R. No. 200792
November 14, 2012
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
vs.
NEIL B. COLORADO, Accused-Appellant.
DECISION
REYES, J.:
For the Court's review is the Decision1 dated August 19,2011 of the Court of Appeals (CA) in CAG.R. CR-HC No. 03767, which affirmed with modification the Decision2 dated June 19, 2008 in
Criminal Case No. 8-390 of the Regional Trial Court ( RTC), Burgos, Pangasinan, Branch 70 finding
herein accused-appellant Neil B. Colorado (Colorado) guilty beyond reasonable doubt of the crime of
rape.
The Facts
Accused-appellant Colorado was charged with the crime of rape in an Information that reads:
That sometime in December, 2002 in the evening in Sitio x x x, Brgy. Iliw-Iliw, Burgos, Pangasinan,
Philippines and within the jurisdiction of this Honorable Court, the above-named accused, being the
brother of AAA,3 inside their house, by means of force, threats and intimidation did then and there
willfully, unlawfully and feloniously have carnal knowledge with AAA, a twelve (12) years (sic) old
girl, against her will and consent, to her damage and prejudice.4
Colorado pleaded "not guilty" upon arraignment. During the pre-trial, the parties stipulated on the
following: (1) the existence of the Medico Legal Certificate and the Birth Certificate of AAA; (2) that
Colorado is a full-blood brother of AAA; and (3) that Colorado and AAA lived under the same
roof.5 After pre-trial, trial on the merits ensued.
Records indicate that AAA was born on October 10, 1990. She was the second to the youngest in a
family of twelve siblings. Colorado was an older brother who lived with her, their parents and two
other brothers, BBB and CCC, in Burgos, Pangasinan.
AAA testified that sometime in December 2002, her parents attended a wedding celebration
somewhere in Hermosa, Dasol, Pangasinan, leaving behind AAA, Colorado and their two other
brothers in the house. When their parents had not yet arrived in the evening, Colorado committed
the dastardly act against AAA. She was twelve (12) years old at that time, while Colorado was
already twenty-four (24) years old. He approached AAA, held her two hands, even threatened her
with a knife and covered her mouth with a handkerchief. He then removed AAA’s shorts and panty,
inserted his penis into the young girl’s vagina, then made a push and pull movement. AAA tried to
resist her brother’s sexual aggression, but miserably failed despite her efforts because of her
brother’s greater strength. Colorado later left AAA, who put back her shorts and underwear, but
remained awake because of fear and trauma with what she had gone through.