Decision
7
G.R. No. 229862
briefs as they had sufficiently exhausted their arguments in their Briefs
before the Court of Appeals. 52
Accused-appellant argues that the crime of statutory rape was not
proven because the prosecution failed to sufficiently establish AAA's
minority, which the trial court also noted. 53
Assuming that the prosecution established her age, accused-appellant
contends that he was still wrongly convicted of statutory rape. Pointing out
that AAA's alleged age in the Information was 14 years old, he argues that
under the law and jurisprudence, the victim must be below 12 years old for
the crime to be statutory rape. 54
Accused-appellant avers that since the case does not involve statutory
rape, the presence of force, intimidation, threat, fraud, or grave abuse of
authority must be established in the alleged crime's commission. He
contends that the prosecution failed to show these circumstances. 55
Moreover, accused-appellant alleges that AAA's "[i]nconsistent and
improbable statements[,]" 56 particularly on direct examination and on her
Affidavit of Recantation and Desistance, raised doubts on the credibility of
her allegations. 57
Accused-appellant also points out that Dr. Dacula only found redness
and abrasion, and not hymenal laceration, which should have been present
had there been sexual intercourse. 58 These manifestations "could have been
easily caused by pinching, scratching, or wearing very tight underwear." 59
Lastly, accused-appellant argues that the prosecution should not draw
its strength on the alleged weakness of the defense. 60 He maintains that he
should be acquitted considering that his guilt was not proven beyond
reasonable doubt. 61
Plaintiff-appellee counters that accused-appellant was actually
convicted not of statutory rape, but of simple rape, and was meted with the
penalty of simple rape. Hence, even if the trial court erroneously included
52
53
54
55
56
57
58
59
60
61
Id. at 22 and 27.
CA ro/lo, p. 26.
Id.
Id. at 27.
Id.
Id. at 27-34.
Id. at 34.
Id.
Id. at 35.
Id. at 34.
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