ADVERTISEMENT
SECOND DIVISION
[G.R. No. 233540. September 15, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. XXX, 1accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 15 September 2021which reads as follows:
"G.R. No. 233540 (People of the Philippines v. XXX). — Challenged in this appeal is the March 9, 2017 Decision 2 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 08198 which found accused-appellant XXX (accused-appellant) guilty beyond reasonable doubt of two counts of Statutory Rape under paragraph 1 (d) of Article 266-A, in relation to paragraph 1 of Article 266-B, of the Revised Penal Code (RPC), as amended by Republic Act Nos. (RA) 8353 3 and (RA) 7659, 4 in relation to RA 7610, otherwise known as the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act, as amended.
The Antecedent Facts:
Accused-appellant was charged with two counts of Statutory Rape in two separate Informations, 5 which read:
Criminal Case No. 2012-14101 MK
That on or about the month of December 2011, in _______________, 6 Philippines and within the jurisdiction of this Honorable Court, the above- named accused, [XXX], being the uncle to [AAA 7 herein referred as] MINOR-VICTIM INQ-12G-00375, a ten (10)-year old minor at the time of the incident, with lewd design and having taking advantage of his moral ascendancy/authority over said minor who was then residing with him on the same address, by means of force, threat and intimidation, while armed with an ice-pick, did then and there, willfully, unlawfully and feloniously had carnal knowledge/sexual intercourse with MINOR-VICTIM INQ-12G-00375 against her will and without her consent.
CONTRARY TO LAW. 8
Criminal Case No. 2012-14102 MK
That on or about the 8th day of July 2012, in the ________________, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, [XXX] being the uncle to MINOR-VICTIM INQ-12G-00375, a ten (10)-year old minor at the time of the incident, with lewd design and having taking advantage of his moral ascendancy/authority over said minor who was then residing with him on the same address, by means of force, threat and intimidation, did then and there, willfully, unlawfully and feloniously had carnal knowledge/sexual intercourse with MINOR-VICTIM INQ-12G-00375 against her will and without her consent.
CONTRARY TO LAW. 9
Accused-appellant pleaded not guilty to the crimes charged against him. Thereafter, pre-trial and trial on the merits ensued. 10
Version of the Prosecution:
Private complainant AAA was born on August 14, 2001. 11 She is the niece of accused-appellant, the latter being the half-brother of her mother, BBB. 12
According to private complainant, she was sexually abused by accused-appellant several times. The first incident happened sometime in December 2011 (eventually docketed as Criminal Case No. 2012-14101 in the RTC). On said day, she went to sleep at the 1st floor of their house at around 11 o'clock in the evening when accused-appellant woke her up. She was forced to watch a pornographic video from his cellphone. When she refused, he pointed an ice pick at the right side of her neck. Out of fear, she looked at the cellphone and she saw a naked male and female kissing. She stopped watching the video when her younger brother, who was just beside her, cried. She told accused-appellant that she would just buy water and would call her elder brother who was then at the computer shop. 13
As she went out, accused-appellant followed. After she and her elder brother bought water, she went back to sleep at the 1st floor with her elder brother and other siblings. At around 4 o'clock in the morning, accused-appellant suddenly carried her and brought her to the 2nd floor of the house. He then ordered her to remove her clothes while pointing an ice pick at her neck. Thereafter, accused-appellant started kissing her on her face, then down her chest and then on her private part. She struggled but accused-appellant held both of her hands. He then made her place his private part into her mouth. After a while, accused-appellant rubbed and inserted his penis into her vagina and she felt pain. Later on, accused-appellant told her to put on her clothes and then ordered her to go down and sleep. She did not tell anyone about what happened because accused-appellant threatened that he would kill her if anybody would know about it. 14
The last incident of sexual abuse happened on July 8, 2012 (later docketed as Criminal Case No. 2012-14102 in the RTC). At around 7 o'clock in the evening on said date, while private complainant was in the house of their neighbor, she was ordered to buy mangoes by her "kuya" YYY who was the nephew of the owner of the house where private complainant was staying. While on her way to the store, she saw accused-appellant standing in front of the house of their neighbor. After buying mangoes, accused-appellant called her and ordered her to call her "kuya" ZZZ, who was then outside of the house. Accused-appellant told ZZZ to buy cigarettes for him. When private complainant told ZZZ that she would go with him, accused-appellant suddenly grabbed her hair. She tried to call ZZZ but accused-appellant told him to leave. Accused-appellant then ordered her to go to his house. When they reached his house, accused-appellant told her to fix all his things inside the house. 15
While inside the house, accused-appellant ordered private complainant to go to the 2nd floor. When ZZZ arrived, accused-appellant instructed him to leave. He then locked the door of the house and went up to private complainant at the 2nd floor and also locked its door. Private complainant cried but accused-appellant covered her mouth and threatened her that if she would not stop, he would kill her. Accused-appellant forced her to lie down on the bed and undressed her. While private complainant was lying naked on the bed, accused-appellant removed his shorts and brief. Accused-appellant then kissed her all over her body, face, breasts, stomach and belly and down to her private parts. 16
After kissing private complainant, accused-appellant rubbed his penis inside the opening of her vagina and she felt pain. It was at this point when private complainant's grandmother, who was outside the house, called the accused-appellant. Private complainant tried to shout but accused-appellant covered her mouth and pointed an ice pick at her neck. He then told her to put on her clothes and to go up to the roof top where she would pass in going to the roof of the other house. Accused-appellant also instructed private complainant that if somebody would ask her where she came from, she had to tell them that she came from the house of a classmate. 17
Private complainant proceeded to the house of her Ate CCC, 18 who asked her where she came from. She replied that she came from her classmate. After CCC threatened to send her out of the house if she would not tell the truth, private complainant then narrated to her what actually happened. CCC immediately called their mother, BBB, who was in __________ at that time. Their mother immediately left for ________ a where she arrived at 3 o'clock the following morning. 19
On July 9, 2012, at 10 o'clock in the morning, private complainant and her mother reported the incident to the Philippine National Police in _______________. Police Officer II Bernard C. Madrilejos and Police Officer II Noli V. Collado proceeded to the place of accused-appellant. After private complainant pointed to them the accused-appellant, the two police officers arrested him. 20
Likewise, on July 9, 2012, Dr. Bonnie Y. Chua (Dr. Chua) conducted a physical and genital examination on private complainant and he concluded that there was a clear evidence of penetrating trauma on her hymen. He also noted a deep, healed laceration at 7 o'clock position and congestion of the fourchette and the labia minora of private complainant. 21
Evidence of the Defense:
Accused-appellant denied the accusations against him. He claimed that at around 7 o'clock in the evening of July 8, 2012, he was at home and just came from work as a construction worker. After dinner, he ordered his nephew to buy cigarettes for him. After smoking, he went to sleep. At around 3 o'clock in the morning of the following day, police officers arrived and told him that a complaint was filed against him. While at the barangay, he talked to private complainant and asked her why she filed a complaint against him. Later on, the private complainant's mother arrived. Thereafter, he was brought to the _______________ Memorial Medical Center together with private complainant. After he was medically examined, he was then brought to the Criminal Investigation Division. While there, he had an argument with private complainant's mother and insisted that he did not rape her daughter. 22
During the trial, accused-appellant insisted that the case was filed as a retaliation against him because he asked the family of private complainant to leave the house. In view of this, the prosecution recalled private complainant's mother to rebut accused-appellant's testimony that she and accused-appellant had a misunderstanding. On rebuttal, private complainant's mother testified that there was no incident in which where they were asked to move out of the house by accused-appellant and that they only left after she learned about the rape incident. 23
Ruling of the Regional Trial Court:
In its February 12, 2016 Joint Decision, 24 the R TC found accused-appellant guilty of the offenses charged. The dispositive portion of the judgment reads:
WHEREFORE, finding the accused [XXX] GUILTY beyond reasonable doubt of two (2) counts of STATUTORY RAPE, a Consolidated Judgment is hereby rendered sentencing him to suffer —
1. The penalty of reclusion perpetua and ordering him to pay [AAA] the sum of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages in Crim. Case No. 2012-14101.
2. The penalty of reclusion perpetua and ordering him to pay the private complainant [AAA] the sum of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages in Crim. Case No. 2012-14102.
Accused [XXX] is further ordered to pay legal interest on all [damages] awarded in this case at the rate of six percent (6%) per annum from the date of finality of this Decision until fully paid.
Accused shall be credited in full of his preventive imprisonment he already served in confinement.
SO ORDERED.25
Ruling of the Court of Appeals:
Accused-appellant subsequently filed an appeal with the CA. However, in its March 9, 2017 Decision, the appellate court upheld the trial court's findings, with modification on the award for exemplary damages. The fallo of the Decision reads:
WHEREFORE, the appeal is DENIED. The joint decision appealed from is AFFIRMED with the modification that the award for exemplary damages is increased to P75,000.00 for each count of rape.
IT IS SO ORDERED.26
Undeterred, accused-appellant filed the instant appeal.
Issue
The pivotal issue in the instant case is whether accused-appellant is guilty beyond reasonable doubt of the crimes charged.
Our Ruling
We affirm accused-appellant's conviction.
Accused-appellant was charged with two counts of Statutory Rape under paragraph 1 (d), Article 266-A and paragraph 1, Article 266-B of the RPC, as amended by RA 8353 and RA 7659, and in relation to RA 7610.
Article 266-A, paragraph 1 of the RPC, as amended, provides:
Article 266-A. Rape, When and How Committed. — Rape is committed —
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat or intimidation;
b) When the offended party is deprived of reason or is otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances.
The gravamen of the crime of rape is carnal knowledge of a woman against her will. 27 The following elements must be proven beyond reasonable doubt for the conviction of the accused in the crime of rape: (i) that the accused had carnal knowledge of the victim; and (ii) the act was accomplished (a) through the use of force or intimidation; or (b) when the victim is deprived of reason or otherwise unconscious; or (c) when the victim is 12 years of age, or is demented. 28
The foregoing elements were all established by the prosecution in this case. Firstly, private complainant was 10 years of age at the time the crimes were committed. Secondly, accused-appellant had sexual intercourse with her against her will, accomplished through force and intimidation.
In an exhaustive direct examination, private complainant clearly narrated how the July 8, 2012 incident unfolded:
Pros. Ontalan (Q):
How old are you now, Ms. Witness?
Private Complainant (A):
11 years old Sir.
Q: Do you know when were you born?
A: August 14, 2001, Sir.
Q: Are you studying right now?
A: Yes Sir.
Q: What grade are you now, Ms. Witness?
A: Grade V Sir. 29
xxx xxx xxx
Q: So Madam Witness, do you know where were you on July 8, 2012 at around 7:00 o'clock in the evening?
A: Yes sir.
Q: Where were you?
A: I was at the house of our neighbor where I was staying. (Nandoon lang po sa kapitbahay namin, doon ako nakatira)
Q: And how far is that from your house?
A: It is just near, Sir.[. . .] 30
xxx xxx xxx
Q: So on July 8, 2012 at around 7:00 o'clock in the evening, you were in your neighbor's house. Do you know what happened while you were at your neighbor's house?
A: I was ordered to buy mango while going to the store I saw Tito standing in front of our house. [. . .]
Q: And who is this Tito you were referring to?
A: I was referring to Tito [XXX], Sir.
Q: [XXX], the accused in this case?
A: Yes, sir.
Q: So what happened next after you saw your Tito [XXX]?
A: He called me and ordered me to call my Kuya.
xxx xxx xxx
Q: Where was your Kuya, are you referring to your kuya [ZZZ]?
A: Yes Sir.
Q: And where was your kuya at that time?
A: He was outside Sir. x x x
Q: Did you call your kuya [ZZZ]?
A: Yes Sir.
Q: What happened next after you call (sic) your Kuya?
A: He instructed my Kuya to buy cigarette and I told my kuya that I will be going with him but Tito suddenly grabbed my hair. x x x 31
xxx xxx xxx
Q: So what happened next after he grab (sic) your hair like that?
A: He ordered me to go to his house. x x x
Q: And how far is that from the place where you saw the accused?
A: It's just near Sir. x x x
Q: So were you able to reach that place?
A: Yes Sir.
Q: And how about the accused, where did he go?
A: On the same place Sir. x x x 32
xxx xxx xxx
Q: And after you reach his house what happened next?
A: He ordered again my kuya to buy cigarette x x x.
Q: And did your kuya buy cigarette that he was asking?
A: Yes Sir.
Q: And while your kuya [ZZZ was] away buying cigarette what happened while you were inside his house?
A: He ordered me to go to the second floor of the house, Sir. 33
xxx xxx xxx
Q: And what happened next when you were upstairs?
xxx xxx xxx
A: Tito [XXX] followed me upstairs and he locked the door of the room upstairs Sir.
xxx xxx xxx
Q: What happened next while you were inside his room?
A: I was crying then at that time and he was trying to stop me. x x x 34
Q: How did he try to stop you from crying?
A: x x x by covering my mouth at that time and told me that if I will not [s]top crying he would kill me. x x x
Q: What happened next after he was trying to cover your mouth and tried you to stop crying?
A: "Ano po pinapahiga niya po ako sa kama."
Q: When you were lying down on the bed, what happened next?
A: He was trying to undress me. (Pilit niya po akong pinapahubad)
Q: What were you wearing at that time?
A: I was wearing a backless dress with a tie. x x x
xxx xxx xxx
Q: How did he undress you?
A: He was holding my two hands and while holding my two hands he remove[d] my clothes. x x x
Q: What clothes did he x x x remove?
A: My entire clothes including my panty. x x x
Q: So when he removed your clothes, you were entirely naked while on the bed?
A: Yes Sir.
Q: So what happened next after that?
A: After that he removed his short and brief Sir. x x x
Q: Was he wearing any upper garment or shirt?
A: None Sir.
Q: So what happened next after he removed his short and brief?
A: He kissed me all over my body. x x x
Q: So where did he kiss you first?
A: My face Sir. x x x
Q: And after kissing you on the face, where did he kiss you next?
A: To my breast, Sir. x x x
Q: After kissing your belly where did he kiss you next?
A: To my private parts Sir. x x x
Q: While he was kissing you all over your body what did you do?
A: I was resisting Sir. (Nagpupumiglas po). 35
xxx xxx xxx
Q: So after he kissed you all over your body and your vagina, what happened next?
A: "Ikinikiskis niya yong ari niya sa ari ko."
Q: When you said "kinikiskis" can you demonstrate it using the doll?
xxx xxx xxx
Q: "Paano niya kinikiskis?"
A: "Ginaganyan po."
(Witness demonstrating by rubbing her finger representing the penis on the private part of the doll.)
Q: What did you feel when he was doing that to you?
A: I felt hurt (Nasasaktan po ako).
Q: Did you tell us where did his penis touch, what part of your body?
A: "Dito po." (Witness is pointing to the opening of the private part)
Q: So his penis was able to contact the opening of your vagina?
A: Yes Sir.
Q: Was he able to penetrate your vagina?
A: Yes Sir.
xxx xxx xxx
Q: Can you demonstrate how he inserted and "kiniskis" using the fingers of the Interpreter of this Court representing your vagina, the index finger and the middle fingers, can you do that?
(The witness demonstrating by using the index finger and the middle fingers representing as the lips of the vagina and the space between them representing the opening of the vagina and inserted her other index finger representing the penis putting it in between the fingers of the interpreter representing the opening of the vagina and making a push and pull motion.)
Q: What happened next x x x?
A: At that instance my grandmother was calling him, I was trying to shout but the accused was covering my mouth and he was pointing an ice pick on my neck. [. . .] 36
Likewise, private complainant testified on the December 2011 incident in a direct and straightforward manner, to wit:
Q: Madam Witness, during the last hearing you stated that the incident transpired on July 8, 20 12, was there any incident aside from this?
A: Yes, sir.
Q: When was this x x x?
A: December 2011.
Q: Do you know what particular date on December 2011?
A: I could not remember it anymore, sir.
Q: Will you tell us what happened on that date in December 2011 and what time did it happen? 37
xxx xxx xxx
Q: Where did you sleep at that time?
A: At the first floor.
Q: And you were with whom when you slept there?
A: My elder brother and my other siblings.
xxx xxx xxx
Q: Was there anything that happened when you went back to sleep again at that time?
A: At around 4 o'clock AM he suddenly carried me and brought me to the second floor.
xxx xxx xxx
Q: And where did he bring you?
A: At the second floor, sir.
Q: And when you were at the second floor, what did he do?
A: He was ordering me to remove my clothes.
Q: And did you follow him?
A: Yes, sir.
Q: Why did you follow him?
A: I was afraid because an icepick was pointed at my neck.
Q: What did you remove when you said you followed him?
A: My clothes, my shorts and underwear.
Q: What happened next after you removed your clothes?
A: He was kissing me on the different parts of my body.
Q: Where did he start kissing you?
A: He started kissing me on my face, going down to my chest and then to my private part.
xxx xxx xxx
Q: And what we[r]e you doing while you were being kissed by him?
A: I was struggling.
Q: How were you struggling?
A: I was moving side to side.
Q: And what did he do when you moved side to side?
A: He would hold both my hands.
Q: What else did he do after he kissed you?
A: He would make me place his private part into my mouth.
Q: And did you do that?
A: Yes, sir.
Q: And did you tell him anything before you put his private part into your mouth?
A: I told him I don't like it.
Q: And what did he tell you?
A: He told me that if I will not do it he would kill me. 38
Q: And what happened next after that?
A: He would rub his private part on my vagina.
Q: Now I'm showing you a toy doll, can you describe to us how his private part being rubbed on your private part pretending that this toy doll is you?
The Court:
Witness demonstrating how the accused was rubbing his penis on her vagina by placing her index finger on top of the private part of the doll and then moving her index finger up and down.
Pros. Ontalan (Q):
And what did you feel when he was doing that?
A: It was painful.
xxx xxx xxx
Q: Now if you could demonstrate it with your 2 fingers as the slit of your vagina with your pointing [finger] as the penis of [accused-appellant], could you demonstrate how did he rub his penis to your vagina?
The Court:
Witness making a little opening between her index finger and the middle finger and then inserting the other index finger representing the penis of the accused between the opening.
Q: Did he fully insert his penis to your vagina?
A: No, sir.
Q: Up to what point did he insert his penis into your vagina?
The Court:
Witness referring to her index finger representing the penis and pointing to the area when measured using a ruler measuring half an inch.
Q: x x x what happened next?
A: [He] told me to put on some clothes and then ordered me to go down.
Q: Did you comply with his orders?
A: Yes, sir.
Q: Where did you go after that?
A: I went to sleep.
Q: Did you tell anybody what happened on that day December 2011?
A: None, sir.
Q: Why did you not tell anybody?
A: Because I was afraid of his threat.
Q: And what was his threat to you?
A: He would kill me if anybody would know about it. 39
Settled is the rule that full penetration is not required to sustain a conviction of rape. The mere introduction of the male organ into the labia majora of the female pudendum is sufficient to consummate rape, such as the instant case. 40
Private complainant's testimony was likewise corroborated by the medical findings of Dr. Chua. On July 9, 2012, he examined the private complainant and found that there was a clear evidence of penetrating trauma on her hymen. He noted a deep, healed laceration at 7 o'clock position and found congestion of the fourchette and the labia minora of the victim. 41 Thus, the foregoing findings of Dr. Chua showed that the contusions and lacerations on private complainant's genitals were caused by the erect penis of a male person consistent with private complainant's testimony.
In view of the foregoing testimonial, documentary and object evidence, this Court finds that the prosecution sufficiently proved in evidence that accused-appellant committed two counts of the crime of Statutory Rape.
Accused-appellant's insistence that the case was filed as a retaliation against him because he asked the family of private complainant to leave the house is simply unacceptable. If indeed the crime did not happen, then private complainant would not have subjected herself to medical examination with Dr. Chua and hours of direct and cross examination in the trial court. All these circumstances overthrow accused-appellant's incredible claim that the crime did not happen.
In addition, We find that her recollection and testimony on how accused-appellant committed the crimes charged were detailed and consistent. This Court finds no sufficient evidence that she was forced or pressured to testify against him.
We hold, in sum, that the prosecution has proven beyond reasonable doubt, that indeed, accused-appellant is guilty of two counts of the crime of Statutory Rape. An affirmation of the Court of Appeals' judgment of conviction as to the crimes charged is therefore in order.
WHEREFORE, the instant appeal is DISMISSED. The March 9, 2017 Decision of the Court of Appeals in CA-G.R. CR-HC No. 08198 is hereby AFFIRMED.
SO ORDERED." (J. Rosario designated as additional Member per Special Order No. 2835 dated July 15, 2021.)
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. Initials were used to identify the accused-appellants pursuant to Amended Administrative Circular No. 83-15 dated September 5, 2017 Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders using Fictitions Names/Personal Circumstances.
2.Rollo, pp. 2-23; penned by Associate Justice Apolinario D. Bruselas, Jr. and concurred in by Associate Justices Danton Q. Bueser and Renato C. Francisco.
3. The Anti-Rape Law of 1997.
4. An Act to Impose the Death Penalty on Certain Heinous Crimes, amending for that purpose the Revised Penal Laws, as amended, Other Special Penal Laws, and for Other Purposes.
5. Records, pp. 2, 33.
6. Geographical location is blotted out pursuant to Supreme Court Amended Circular No. 83-2015, supra note 1.
7. "The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. 7610, An Act Providing Penalties for its Violation, and for Other Purposes; Republic Act No. 9262, An Act Defining Violence Against Women and Their Children, and Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes; and Section 40 of A.M. No. 04-10-11-SC, known as the Rule on Violence against Women and their Children, effective November 14, 2004." (People v. Dumadag, 667 Phil. 664, 669 [2011]).
8.Id. at 2.
9.Id. at 33.
10.Rollo, p. 4.
11. Records, p. 23.
12.Rollo, p. 4; See also Records, p. 22.
13.Id. at 4-5.
14.Id. at 5-6.
15.Id. at 6.
16.Id. at 7.
17.Id.
18. TSN, November 19, 2012, p. 18.
19.Rollo, p. 7; See also TSN, November 19, 2012, pp. 18-19.
20.Id. at 8.
21.Id.; See also records, p. 11.
22.Id.
23.Id. at 9.
24.CA rollo, pp. 44-53 and records, pp. 210-210; n penned by Presiding Judge Lorna F. Catris-Chua Cheng.
25. Records, pp. 209-210.
26.Rollo, p. 23.
27.People v. Buca, 770 Phil. 318, 330 (2015).
28. REVISED PENAL CODE, Article 266-A; See also People v. Court of Appeals, 755 Phil. 80, 103 (2015).
29. TSN, November 19, 2012, p. 3.
30.Id. at 5.
31.Id. at 6-8.
32.Id. at 8.
33.Id. at 9.
34.Id. at 10.
35.Id. at 11-13.
36. TSN, November 19, 2012, pp. 14-16.
37.Id. at 2-3.
38.Id. at 6-8.
39.Id. at 9-11.
40.People v. Velarde, 661 Phil. 699, 712 (2011).
41.Rollo, p. 8; See also Records, p. 11.
n Note from the Publisher: Copied verbatim from the official document.