Case Digest: PEOPLE OF THE PHILIPPINES v. ARDEL CANUTO 528 SCRA 366 (2007)

PEOPLE OF THE PHILIPPINES v. ARDEL CANUTO 528 SCRA 366 (2007)

The testimony of the victim that she felt nothing when the rape was committed does not negate the commission thereof. AAA, a 15-year old girl, was allegedly raped by Ardel Canuto. Six (6) months later, AAA related the incident to her aunt DDD who accompanied her to a hospital where she was medically examined by a doctor. The examination showed that AAA‘s genitalia had an old hymenal laceration. AAA then filed a case against Canuto and the Regional Trial Court convicted Canuto of rape, sentencing him to a penalty of death. After a review of the case by the Court of Appeals, the appellate court affirmed the trial court‘s decision with modification consisting of an increase in the amount of civil indemnity and moral and exemplary damages awarded to AAA. Hence, this appeal.

ISSUES:

Whether or not the Court of Appeals erred in finding Canuto guilty beyond reasonable doubt of the offense charged

HELD:

In his Brief filed with this Court, Canuto maintains that the lower courts erred in convicting him, the prosecution having failed to prove his guilt beyond reasonable doubt. The Supreme Court said that the fact that AAA felt nothing while she was being raped by Canuto does not negate the commission of the crime. A 15-year-old naive barrio lass, threatened with death or serious injury if she repulses the sexual advances of the accused, can only cower in fear and yield into submission. As for AAA‘s delay of almost six months in reporting the incident to the authorities, People v. Francisco, People v. Marcelo and People v. Bayani enlighten. In these cases, this Court declared that a six- month delay in reporting the rape to the authorities does not impair the credibility of the private complainant or indicate a fabricated charge if satisfactorily explained. In AAA‘s case, the fear instilled in her by Canuto that he would kill her and her kin if she reported the questioned act could explain the delay, especially given her awareness that appellant had been previously convicted and detained for killing someone. Besides, many victims of rape never complain or file criminal charges against the rapist, they preferring to silently bear the ignominy and pain, rather than reveal their shame to the world or risk the offender‘s making good his threats.