Case Digest: People v.

Balino, GR 194833, July 2, 2014

Facts:
Porferio Balino was charged and convicted for violation of Article 266-A of the RPC as amended by RA 8353,
Statutory Rape. He willfully, unlawfully and criminally with the use of force and intimidation raped AAA who
was 8 years old during that time. It was when AAA was at the house of Balino watching TV Show, Balino was
able to perfect his criminal intent towards AAA.

The RTC convicted Balino of Statutory Rape. They gave weight to the positive testimony of AAA considering
that the testimonies of rape victims who are young and of tender age are credible especially if they are without
any motive to falsely testify against the accused. It was also corroborated by the testimony of Dr. Villapane who
examined AAA. Balinos defense of alibi was rejected since the physical impossibility to have been at the
scene of the crime at the time of the commission was not given credence.

The CA affirmed RTC Ruling. They adhered to the rule that no woman, especially one of tender age, would
concoct a story of defloration,allow an examination of her private parts and thereafter permit herself to be
subjected to a public trial, unless she is motivated solely by desire to havethe culprit apprehended and punished.

Issue: Whether or not the accused was guilty of statutory rape?

Ruling:
Yes. The sexual intercourse with a girl below 12 years of age is statutory rape. The only subject of inquiry is the
age of the woman whether carnal knowledge took place. The force, intimidation and physical evidence of the
injury were irrelevant considerations. The law presumes that minor has the incapacity to discern good from evil.
Therefore consent is also immaterial. Moreover, in statutory rape, time is not an essential element except when
it is a material ingredient of the offense. Like it is essential to prove that the victim is below 12 years of age at
the time of the commission of the offense.

In the case at bar, the age of the victim was established by the date of birth, which shows that she is short of 12
years of age when the crime of rape was committed against her.