THIRD DIVISION
G.R. No. 209344, June 27, 2016
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JAIME BRIOSO ALIAS TALAPTALAP, Accused-Appellant.
DECISION
PERALTA, J.:
Before the Court is an ordinary appeal filed by accused-appellant Jaime Brioso (Brioso)
assailing the Decision1 of the Court of Appeals (CA), dated March 22, 2013, in CA-G.R.
CR-H.C. No. 05234, which affirmed with modification the Decision2 of the Regional Trial
Court (RTC) of Baler, Aurora, Branch 96, in Criminal Case No. 2795, finding Brioso
guilty of the crime of statutory rape, in relation to Republic Act No. 7610 (RA 7610),
and imposing upon him the penalty of reclusion perpetua.
The antecedents are as follows:
Around 5 o'clock in the afternoon of May 31, 2001, the victim, AAA,3 who was then four
(4) years old,4 was playing at the basketball court near their house located at Barangay
Dimanayat, San Luis, Aurora. Accused-appellant then approached and asked her to go
with him to a nearby mango tree where he promised to give her candies. When AAA
agreed, accused-appellant took her hand and led her to the mango tree which was near
his house. Upon reaching the mango tree, accused-appellant immediately removed
AAA's short pants and panty then proceeded to mash her private organ and inserted his
finger into her vagina. Thereafter, accused-appellant made her lie down on the ground
and inserted his penis into her vagina. Accused-appellant warned AAA not to tell
anybody about what he did to her, otherwise he will kill her. Stricken by fear, AAA went
home without telling anybody about her ordeal. However, the next morning, AAA's
mother, BBB, observed that her daughter had difficulty urinating. She examined AAA's
vagina and found that it was swollen. BBB then cleaned AAA's sex organ and asked her
the reason why it was swollen. AAA then told BBB that accused-appellant molested her.
Upon learning about what happened to her daughter, BBB brought her child to one of
their Barangay Kagawads to report the incident. The following morning, the Barangay
Kagawad accompanied AAA and BB,B to the Office of the Department of Social Welfare
and Development in San Luis where AAA related her ordeal and again pointed to
accused-appellant as the culprit. They were then brought to the local police station
where a criminal complaint was filed against accused-appellant. There, the authorities
gathered information regarding AAA's molestation where AAA reiterated her
statements. Thereafter, AAA was examined by a medical doctor who prepared a
medico-legal report.
Subsequently, the Office of the Provincial Prosecutor of Aurora filed an
Information5 with the RTC of Baler, charging accused-appellant with the crime of
statutory rape, the pertinent portions of which read as follows:
chanRoblesvi rtual Lawl ibra ry
xxxx