MACASAET, Maria Margaret A.

LTL- Section 1C
People vs. Delfin

TITLE
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee versus FRANCASIO DELFIN Y
SUAN, Accused-Appellant
G.R. No. 190349, 10 December 2014, Second Division (Del Castillo, J.)

TOPIC
This is a case for Rape.

FACTS
Plaintiff -appellee, AAA (AAA), represented by the People of the Philippines, an 11year old girl, was watching television in a store at the public market in Naval, Biliran at
around 10:00 to 11:00 p.m on May 27, 2001. On her way to a bakery, accused-appellant,
Francasio Delfin (Delfin), summoned AAA through hand signals. As she was about to
run away, Delfin threatened her using a stone (or a slingshot). Thus, AAA approached
Delfin with hesitation. Delfin took her right hand and dragged her to the second floor of
the newly-constructed commercial building facing the public market of Naval.
When they reached the secluded portion of said floor, Delfin undressed AAA and
removed his pants. He order AAA to lie down on top of the folded carton boxes, spread
her thighs, and had carnal knowledge with her; all the while, covering AAAs mouth.
Afterwards, Delfin gave her money and instructed her not to tell anyone about the
incident or her family will be harmed.
However, on June 30, 2001, at around 11:00 p.m., after watching a billiard game in front
of the municipal building of Naval, AAA went to a jeep parked near the back of said
building, closed its windows and slept inside. Subsequently, Delfin came and beamed
his flashlight towards AAA, awakening her. He, then, went inside the jeep, removed her
panty and his short pants, and again performed carnal knowledge with AAA, against the
childs will.
AAA, remained silent about the two (2) incidents. Albeit, after experiencing difficulty in
urinating, as well as pain and swelling in her abdomen, she told her aunt, BBB (BBB),
about the rape incidents and identified Delfin as her rapist. BBB brought AAA to the
hospital for examination. The results revealed that AAA suffered from laceration of the
hymen at 6:00 oclock position.
THE CASE
CASE
THE
Two (2) seperate complaints of statutory rape, namely Criminal Case No. N-2130 and
Criminal Case No. N-2131, were filed before the Regional Trial Court of Naval, Biliran,
Branch 16, against Delfin. Delfin pleaded not guilty to both charges. Thus, after the
termination of the pre-trial, trial on the merits followed.

Delfin contended that the allegations against him were fabricated. He asserted that the
filing of the complaints was instigated by CCC in order to take revenge on Delfin for
reporting their involvment in illegal drug activities before. However, the RTC gave weight
and credence to AAAs testimony and declared Delfin guilty of two (2) counts of
statutory rape.
On appeal, the Court of Appeals held that Delfin could not be held liable for statutory
rape since the prosecution was not able to prove that AAA was under twelve (12) years
of age at the time of the alleged rape. However, the prosecution was able to sufficiently
prove that force, intimidationa and threat attended the commission of the crime in
Criminal Case No. N-2130. Hence, the CA declared Delfin guilty beyond reasonable
doubt of the crime of simple rape under Article 266-A, 1(a) of the Revised Penal Code in
Criminal Case No. N-2130 and aquitted Delfin in Criminal Case No. N-2131 for failure of
the prosecution to prove his guilt beyond reasonable doubt.
Hence the appeal for the the conviction in Criminal Case No. N-2131.
ISSUE/S
ISSUES
PRIMARY
1. Whether or not the prosecution sufficiently proved that Delfin used force, threat and
intimidation in the commission of the crime of rape.
SECONDARY
2. Whether or not the material inconsistencies in AAAs testimony renders the
prosecutions evidence unreliable and insufficient to support conviction.
3. Whether or not AAA has ill-motive in filing the charges.
RULING
RULING
Petition has no merit.
1. Prosecution sufficiently proved that Delfin used force, threat and intimidation in
the commission of the crime of rape. The elements of rape under par. 1(a) Article
266-A of the RPC are: (1) the offender is a man; (2) the offender had carnal knowledge
of a woman; and, (3) such act is accomplished by using force or intimidation. These
elements are present in the case. AAA positively identified Delfin as her rapist. And her
clear and straight forward recollection of the incidents were corroborated by the medical
findings. Thus, clearly complying with the above-mentioned elements that qualify an act
as rape.
2. Minor inconsistencies in the testimony of AAA do not detract from the actual
fact of rape. Where the inconsistency is not an essential element of the crime, such
inconsistency is insignificant and cannot have any bearing on the essential fact testified
to. Moreover, the RTC and the CA have already held that her testimony was straight
forward, credible, and spontaneous. And since the trial courts have first hand account of
the witnesses demeanor and deportment in court during trial, the factual findings of the
trial court regarding the credibility of witnesses are accorded great weight and respect
especially if affirmed by the CA, as in this case.
3. There is nothing sufficient to show that AAA was impelled by improper motive
in filing the case. In AAAs cross-examination, she testified that CCC has no knowledge
of the rape incidents as AAA did not spoke to her. Also, Delfins claim was not supported
by evidence. Hence, where there is no evidence, and nothing to indicate that the
principal witness for the prosecution was actuated by improper motive, the presumption
is that she was not so actuated and her testimony is entitled to full faith and credit.

DISPOSITIVE PORTION
DISPOSITIVE
PORTION
WHEREFORE, the January 27, 2009 Decision of the Court of Appeals in CA-GR. CRH.C. No. 00077 finding appellant Francasio Delfin guilty beyond reasonable doubt of the
crime of simple rape and sentencing him to suffer the penalty of reclusion perpetua is
AFFIRMED with the following modfications:
(1) appellant Francasio Delfin shall not be eligible for parole;
(2) The award of moral damages is decreased from Php 75,000.00 to Php 50,000.00;
(3) Appellant Francasio Delfin is ORDERED to pay AAA the amount of PHP 30,000.00
as exemplary damages; and,
(4) Apellant Francasio Delfin is ORDERED to pay AAA interest at the legal rate of six
percent (6%) per annum on all the amounts of damages awarded, commening from the
date of finality of this Resolution until fully paid.
Costs against appellant.
SO ORDERED.