People v.

Delfin
PEOPLE OF THE PHILIPPINES plaintiff-appellee V. FRANCASIO
DELFIN accused-appellant; GR. No. 190349; December 10, 2014;
Second Division; Del Castillo, J.
TOPIC/PURPOSE:
This is a case regarding two counts of rape.
FACTS:
There are two counts of rape.
The first rape incident happened on May 27, 2001 at around 10:00pm.
AAA, an 11 year old girl was watching TV at a market in Naval, when she
went out, the appellant summoned her, she tried to run away, however,
Delfin threatened her, thus she approached him. When she was near Delfin,
he grabbed her arm and dragged her to the second floor of a newly
constructed building near the market. Under threat, Delfin was able to rape
AAA. Delfin then gave her money and told her not to tell anyone of the
incident or her family will be harmed.
The second rape incident happened on June 30, 2001 at around 11:00
pm. AAA was sleeping at a parked jeepney outside a billiard hall. She was
awakened by Delfin when he flashed a flashlight towards her. He went
inside the jeepney and raped AAA.
After experiencing pains and swelling, AAA decided to tell her aunt
BBB about the rape incidents. BBB brought AAA to the hospital and
was examined. The results stated that she has a lacerated hymen at the 6:00
oclock position and a corrugated hymen. AAAs family subsequently
reported the incident to the DSWD.
The Defense presented five witnesses, including the appellant. The
witnesses gave their testimonies. One stated that Delfin was with him at the
time of the crime, and another testimony is that there was no jeepney parked
near the billiard hall. Delfin also contended that AAAs allegations were
false, and that such allegations were instigated by CCC, AAAs aunt.
Since he once reported to the police that AAAs aunt CCC was involved
in illegal drug activities. The defense also pointed out that there were
inconsistencies to AAAs account.
CASE:
On November 19, 2003, the Regional Trial Court (RTC) declared that
the appellant is guilty of two counts of statutory rape. On appeal, on January
27, 2009 the Court of Appeals (CA) affirmed with modification the Decision
of the RTC of Naval, Brilian Branch 16, sentencing Francasio Delfin of the

crime of simple rape instead of statutory rape, sentencing him to suffer the
penalty of reclusion perpetua and to pay the victim civil indemnity and
moral damages at PhP. 75,000 each and acquitting him of statutory rape,
hence the appeal.
ISSUES:
1. Whether or not Delfin raped AAA on two counts
2. Whether or not the inconsistencies have a bearing in the present case
3. Whether or not the allegations were false and was instigated by
CCC
RULING:
1. Yes, the Supreme Court affirmed the Decision of the CA with
modifications. The Supreme Court pointed out the elements of rape
under Article 266-A of the RPC and that such elements were present
in the case namely: (1) the offender was a man, in this case Delfin; (2)
the offender had carnal knowledge of a woman; and lastly, (3) the act
was accomplished by use of force or intimidation. The testimonies
established that Delfin had carnal knowledge of AAA, which was
proven by the medical examinations, and that he used force and
intimidation in approaching her.
2. No, the inconsistencies in AAAs statements are trivial matters. The
Court reiterated the ruling of CA, that such inconsistencies are only
minor and collateral matters. It has been stated that such
inconsistencies were not an essential element of the crime, and that it
has no bearing on the essential facts. It is a well-settled rule that
factual findings of trial courts in regard of the credibility of witnesses
are given great weight ad respect most especially since it has been
affirmed by the CA.
3. No, CCC did not instigate the allegations against Delfin. The
Defense was not able to prove the connection of CCC to the rape
cases. There was no showing that CCC knew about the rape
incidents, since they were not able to meet and talk after the incidents
and she was not informed by AAA about such incidents.
DISPOSITIVE PORTION
WHEREFORE, the January 27, 2009 Decision of the Court of Appeals in
CA-GR. CR-H.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
modifications:
(1) Appellant Francasio Delfin shall not be eligible for parole;
(2) the award of moral damages is decreased from P75,000.00 to P50,
000.00;

(3) appellant Francasio Delfin is ORDERED to pay "AAA" the

amount of P30,000.00 as exemplary damages; and,
(4) appellant 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, commencing from the date of finality of this
Resolution until fully paid.
Costs against appellant.
SO ORDERED.