During trial, the prosecution presented AAA's birth certificate[10] which revealed that
she was only 11 years old when the felonies were committed against her. Apart
from this, the prosecution submitted the respective Sinumpaang Salaysay of AAA[11]
and the tanod[12] (who arrested Eulalio) which further supported the prosecution's
version of the story.
Interestingly, though, Eulalio waived his right to present evidence despite months
of postponements of the hearings set by the trial court.[13]
The Ruling of the RTC
In a Decision[14] dated August 23, 2012, the RTC gave full credence to the
testimony of the victim, AAA,[15] which was corroborated by the medical findings of
the examining physician. The trial court further held that since the victim was only
11 years old at the time of the commission of the crimes, the employment of force
or intimidation and the physical resistance of the victim were no longer material.
Even so, the RTC found that Eulalio employed intimidation to overpower the
victim.[16]
Apart from these, the RTC found that as regards the September 2004 incident, the
victim's father, BBB, actually saw Eulalio on top of AAA while kissing her, which
constituted as acts of lasciviousness which is necessarily included in a rape charge.
More importantly, the trial court noted that Eulalio did not offer any defense despite
several opportunities and in fact even waived the presentation of his defense a year
after the prosecution already rested its case.[17]
Hence, the dispositive portion of the RTC's Decision reads:
WHEREFORE, premises considered, the Court finds accused BERNABE EULALIO y
ALEJO GUILTY beyond reasonable doubt of the crime of Statutory Rape in Criminal
Case No. 31428[18]-MN. He is hereby sentenced to suffer the penalty of reclusion
perpetua with all the accessory penalties provided by law, and to pay the costs.
Accused is further ordered to indemnify the offended party in the sum of Seventy
Five Thousand Pesos (Php 75,000.00) as civil indemnity; Seventy Five Thousand
Pesos (Php 75,000.00) as moral damages; and Thirty Thousand Pesos (Php
30,000.00) as exemplary damages.
In Criminal Case No. 31439-MN, the Court finds accused BERNABE EULALIO y
ALEJO GUILTY beyond reasonable doubt of the crime of Acts of Lasciviousness. He
is hereby sentenced to suffer the indeterminate penalty of imprisonment of SIX (6)
MONTHS of arresto mayor as minimum, to FOUR (4) YEARS and TWO (2) MONTHS
of prision correccional as maximum, and to pay the costs. Accused is further
ordered to indemnify the offended party in the sum of Twenty Thousand Pesos (Php