THIRD DIVISION
[G.R. No. 242207. July 3, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.XXX, 1accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated July 3, 2019, which reads as follows:
"G.R. No. 242207 (People of the Philippines vs. XXX). — Before the Court is an appeal 2 from the Decision 3 dated May 9, 2018 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 02384, which affirmed the Decision 4 dated August 26, 2016 of the Regional Trial Court (RTC) of Toledo City, Branch 29, in Criminal Case Nos. TCS-6291, 6292, 6293, and 6295. The trial court convicted accused-appellant XXX of four (4) counts of Rape under paragraph 1 (a) of Article 266-A of the Revised Penal Code (RPC), as amended by Republic Act (R.A.) No. 8353, 5 and Lascivious Conduct under Article 336 of the same Code, in relation to R.A. No. 7610. 6
The Facts
In four separate Informations, 7 XXX was charged with four (4) counts of Rape in relation to R.A. No. 7610. The Informations read as follows:
Criminal Case No. TCS-6291
That on or about the 15th day of May, 2008, at around 3:00 o'clock in the afternoon, at __________________________ Province of Cebu, Philippines and within the jurisdiction of this Honorable Court, the above named accused, who is the live-in partner of the mother of the offended party, with lewd design and by means of force and intimidation, did then and there willfully, unlawfully and feloniously lie and succeed in having carnal knowledge with AAA, 8 a minor, fifteen (15) years old, against her will and consent, which act demeans the intrinsic worth and dignity of said minor as human being.
CONTRARY TO LAW.
Criminal Case No. TCS-6292
That on or about the 16th day of June, 2008, at around 5:00 o'clock in the afternoon, at ________________________________ Province of Cebu, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, who is the live-in partner of the mother of the offended party, with lewd design and by means of force and intimidation, did then and there willfully, unlawfully and feloniously lie and succeed in having carnal knowledge with AAA, a minor, fifteen (15) years old, against her will and consent, which act demeans the intrinsic worth and dignity of said minor as human being. CAIHTE
CONTRARY TO LAW.
Criminal Case No. TCS-6293
That on or about the 23rd day of June, 2008, at around 12:00 o'clock noon, at ____________________________ Province of Cebu, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, who is the live-in partner of the mother of the offended party, with lewd design and by means of force and intimidation, did then and there willfully, unlawfully and feloniously lie and succeed in having carnal knowledge with AAA, a minor, fifteen (15) years old, against her will and consent, which act demeans the intrinsic worth and dignity of said minor as human being.
CONTRARY TO LAW.
Criminal Case No. TCS-6295
That on or about the 29th day of June, 2008, at around 3:00 o'clock in the afternoon, at __________________________ Province of Cebu, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, who is the live-in partner of the mother of the offended party, with lewd design and by means of force and intimidation, did then and there willfully, unlawfully and feloniously lie and succeed in having carnal knowledge with AAA, a minor, fifteen (15) years old, against her will and consent, which act demeans the intrinsic worth and dignity of said minor as human being.
CONTRARY TO LAW. 9 (Citations omitted)
XXX was also indicted for the crime of Acts of Lasciviousness, also in relation to R.A. No. 7610. The Information reads:
Criminal Case No. TCS-6294
That on or about the 29th day of June, 2008, at about 12:00 o'clock midnight, at __________________________ Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, who is the live-in partner of the mother of the offended party, actuated by lust, did then and there willfully, unlawfully and feloniously squeeze [and] suck the nipple of AAA (real name withheld), a minor, fifteen (15) years old, while the minor-victim was sleeping in their house, to the damage and prejudice of said AAA, which acts is (sic) prejudicial to the development of said minor-victim.
CONTRARY TO LAW. 10
Version of the Prosecution
Criminal Case No. TCS-6291
AAA is the daughter of XXX's live-in partner.
On May 15, 2008, at around 5:00 p.m., AAA was cooking rice in the kitchen located outside of their house. AAA's mother and the rest of her siblings were out. While she was doing her chore, XXX suddenly dragged her upstairs. AAA held on to the wooden post at the kitchen but XXX strongly dragged her. When they were already upstairs, XXX undressed AAA by removing first her short pants and then her underwear. AAA tried to prevent XXX but he still succeeded in undressing her. AAA warded off XXX but the latter pointed a knife to her and told her to just keep quiet and not to tell anybody. After XXX had succeeded in raping AAA, XXX acted as if nothing happened. 11
Criminal Case No. TCS-6292
On June 16, 2008, at around 5:00 p.m., AAA was hanging some clothes she had washed to dry, when XXX dragged her into their house. AAA tried to cling to a post but XXX succeeded in dragging her into a room inside the house. XXX then removed AAA's shirt and sucked her nipple. AAA scratched XXX on his stomach but XXX still continued undressing her and inserted his penis into her vagina. AAA felt pain and pushed XXX. 12 DETACa
Criminal Case No. TCS-6293
On June 23, 2008, at around 12 noon, while AAA was alone in the house cooking, XXX suddenly carried her upstairs and put her down on the floor. XXX, then, undressed AAA by removing her short pants. AAA struggled but she could not overcome the strength of XXX who was also pointing a 12-inch long knife to her mouth, threatening her. XXX also warned AAA not to tell her relatives and sibling. AAA was positioned on the floor with her hands held up by XXX and the latter once again succeeded in having sexual intercourse with her. 13
Criminal Case No. TCS-6295
On June 29, 2008, at around 3:00 p.m., while AAA was sleeping, XXX crawled towards her and undressed her. XXX, then, succeeded in having sexual intercourse with AAA by inserting his penis into her vagina. AAA could not do anything as she was afraid of XXX and she could not overcome his strength. 14
Criminal Case No. TCS-6294
Sometime around midnight of June 29, 2008, XXX tried to lift AAA's blouse while the latter was sleeping in the room of their house with her elder brother. AAA immediately stood up and confided to her mother what XXX had done to her. Upon learning what XXX did to her daughter, she confronted XXX about it. XXX denied having molested AAA but the latter told her everything. Shocked by the narration of events, AAA's mother passed out. 15
When AAA's mother regained consciousness, they went to the police where she narrated the incident. They also went to see a doctor and AAA was examined by Dr. Ivar Arellano (Dr. Arellano). AAA was issued a medical certificate which she identified in open court. At the time of the incident, AAA was 15 years old having been born on December 8, 1992 as shown in her Birth Certificate. 16
The prosecution, likewise, presented Dr. Rizaldy Climaco (Dr. Climaco), the Municipal Health Officer of ______ Cebu as an expert witness to interpret the Medical Certificate issued by Dr. Arellano, which states the following findings: 1) Hymen is obliterated; and 2) vagina is ostensible, easily admits examining finger. Dr. Climaco explained that it means the hymen was no longer intact, that it had been penetrated by a sexual organ. As to the finding which states that the "vagina easily admits examining finger," it means that the vagina is already opened and that this may have been caused by some kind of pressure or force. 17
Version of the Defense
XXX testified that he knew AAA as the latter is the daughter of his live-in partner whom he had lived with for five years. According to XXX, AAA filed the cases against him because he reprimanded her as she kept going out during nighttime. He, likewise, narrated that it was MMM, AAA's mother, who had instructed him to scold her for her misbehavior. XXX claimed that AAA would retort back stating that she was never even disciplined by her own father when he was still alive. XXX testified that he was surprised when he was arrested as he allegedly did not know what offenses he committed. 18
Ruling of the RTC
In a Decision 19 dated August 26, 2016, the RTC convicted XXX of the crimes charged, the dispositive portion of which reads:
WHEREFORE, in the light of the foregoing, judgment is hereby rendered finding [XXX] guilty beyond reasonable doubt of four (4) counts of RAPE in Criminal Case Nos. TCS-6291, TCS-6292, TCS-6293 and TCS-6295 and he is hereby sentenced to suffer the penalty of RECLUSION PERPETUA for each count and to indemnify AAA the amount of Seventy[-]Five Thousand Pesos (P75,000.00) as moral damages and another Seventy[-]Five Thousand Pesos (P75,000.00) as civil indemnity, also for each count of Rape. aDSIHc
[XXX] is also found guilty of the crime of ACTS OF LASCIVIOUSNESS in Crim. Case No. TCS-6294 and he is hereby sentenced to suffer the indeterminate penalty of Six (6) months of Arresto Mayor as minimum to Four (4) Years, Two (2) Months and One (1) Day of Prision Correccional as maximum.
The preventive imprisonment undergone by [XXX] is fully credited in his favor.
With costs against [XXX].
SO ORDERED. 20 (Emphases and underscoring in the original)
Ruling of the CA
On appeal, the CA affirmed XXX's conviction on all charges albeit with modifications on the cost of damages. The dispositive portion of the CA Decision 21 dated May 9, 2018 reads:
WHEREFORE, the decision of the [RTC], Branch 29, Toledo City dated August 26, 2016 finding [XXX], guilty beyond reasonable doubt of the crime of Rape is hereby AFFIRMED with MODIFICATIONS.Exemplary damages in the amount of Php30,000.00 is awarded to the victim AAA in addition to the award of civil indemnity and moral damages. Moreover, all damages awarded shall earn interest at the rate of six percent (6%) per annum from the date of finality of this judgment until fully paid.
SO ORDERED. 22 (Emphases in the original)
Hence, this appeal.
Ruling of the Court
A perusal of the records shows that all the elements of the crime of Qualified Rape have been duly established by the prosecution. There is no iota of doubt that XXX's acts amounted to Rape through carnal knowledge or sexual intercourse. Article 266-A (1) (a) 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 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 mentioned above be present. (Emphasis Ours)
Under Article 266-B (1) of the RPC, the twin circumstances of minority of the victim and her relationship to the offender qualify the crime of rape, viz.:
Article 266-B. Penalty. — Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
xxx xxx xxx
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: ETHIDa
1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim[.] (Emphases Ours)
Here, the elements of qualified rape were sufficiently alleged in the Information in conformity with Sections 8 and 9, Rule 110 of the Rules of Court, to wit:
Section 8. Designation of the offense. — The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.
Section 9. Cause of the accusation. — The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstance and for the court to pronounce judgment.
It is undisputed that AAA was only 15 years old when the rape incidents transpired. This was duly established by AAA's Certificate of Live Birth which was submitted in evidence. As to the relationship of AAA to XXX, MMM testified that she and XXX have been living together for five years already and that her children, including AAA, lived with them. XXX, likewise, admitted this fact when he testified in court, viz.:
MMM was 48 years old when she testified on March 6, 2014. She is the mother of AAA and was the live-in partner of [XXX]. She started living with [XXX] six years ago. By then, her children including AAA lived with them. AAA and [XXX] were not in talking terms because AAA ignored [XXX]. Her other children had good relationship with [XXX] because they were all boys. x x x.
xxx xxx xxx
[XXX] testified that he knew AAA because she is the daughter of his live-in partner whom [he] lived with for five years. 23
The foregoing circumstances undoubtedly qualified the rape under Article 266-B of the RPC.
As to the truthfulness of AAA's testimony, the Court finds no cogentreason to reverse the findings of the lower courts. AAA's narration of the specific incidents which gave rise to the charge of rape was clear, categorical and straightforward. AAA's testimony as to the exact date and time when the rapes were committed may have been marred with inconsistencies, but discrepancies referring only to minor details and collateral matters — not to the central fact of the crime — do not affect the veracity or detract from the essential credibility of witnesses' declarations, as long as these are coherent and intrinsically believable as a whole. For a discrepancy or inconsistency in the testimony of a witness to serve as a basis for acquittal, it must establish beyond doubt the innocence of the appellant for the crime charged. It cannot be overemphasized that the credibility of a rape victim is not diminished, let alone impaired, by minor inconsistencies in her testimony. 24
In the same vein, the minor inconsistencies in MMM's testimony are insufficient to overturn the decision of the CA. What is essential is that the testimonies of AAA and her mother MMM are consistent on material points. As explained in People v. Sobangee, 25 minor inconsistencies may even serve to strengthen their credibility as these erase any suspicion of a rehearsed testimony and can, thus, be considered as a badge of truth rather than of falsehood. 26 This was clearly discussed by the CA in its Decision, to wit: cSEDTC
Accordingly, in resolving rape cases, the primordial or single most important consideration is almost always given to the credibility of the victim's testimony. When the victim's testimony is credible, it may be the sole basis for the accused person's conviction since, owing to the nature of the offense, in many cases, the only evidence that can be given regarding the matter is the testimony of the offended party.
In this case, after a careful review of the records, the Court finds no cogent reason to depart from the findings of the trial court in its calibration of the credibility of the victim AAA. AAA's categorical narration in detail of each of her ghastly ordeal in the hands of [XXX] completely negate [XXX's] allegation that AAA's charges of rape are highly dubious and improbable. AAA could not only remember the exact date and time of each of the four rape incidents, more importantly, she remembered how [XXX] deviously executed and succeeded in his evil intent of defiling AAA in each of these incidents.
The alleged inconsistency between the testimony of MMM and the testimony of AAA which pertain only to the particular time on June 29, 2008 when AAA confided to her mother about what [XXX] did to her simply cannot overthrow the credibility of AAA as it is immaterial. What is material though is the fact that the testimony of AAA, that she confided to her mother after she was raped by [XXX] on June 29, 2008 for the fourth time, is consistent not only with the affidavit she executed at the _______ Police Station, it is likewise consistent with the testimony and the affidavit executed by her mother MMM. 27 (Citation omitted)
It comes as no surprise that a person accused of a serious crime such as rape will tend to escape liability by shifting the blame on the victim for failing to manifest resistance to sexual abuse. However, the Court has recognized the fact that no clear-cut behavior can be expected of a person being raped or has been raped. It is a settled rule that the failure of the victim to shout or seek help does not negate rape. Even lack of resistance will not imply that the victim has consented to the sexual act by the accused. In cases where the rape is committed by a relative such as a father, stepfather, uncle or common law spouse, moral influence or ascendancy takes the place of violence. 28
As to the probative and evidentiary weight of the medical certificate, it is important to reiterate that the existence of a medical certificate to support the sexual charges is not an element of the crime. What is crucial is that the prosecution was able to sufficiently establish the facts on record. On this point, theCA's discussion is apropos:
At any rate, the diagnosis of the medical examination undeniably established that AAA was sexually abused. The findings of the medical examination [were] further explained and bolstered by the testimony of Dr. Climaco who affirmed that the obliteration or rupture of AAA's hymen was caused by some force applied to it such as the penetration of a sexual organ. The omission in the diagnosis of the medical certificate as to whether the victim had any bruises in her arm and knees could very well be explained by the fact that the conduct of medical examination on the victim was specifically requested to determine whether AAA was sexually abused. 29
Although there was no explicit finding that AAA suffered from abrasion as a result of her being dragged by XXX, this does not automatically negate the commission of rape. The absence of a doctor's finding that the victim had suffered abrasions as a result of her physical struggle does not impair the credibility of a rape victim.
In People v. Alicante, 30 the Court held that the accused may be convicted on the basis of the lone, uncorroborated testimony of the rape victim, provided that her testimony is clear, positive, convincing and consistent with human nature and the normal course of things. 31 As long as the testimony of the rape victim meets the test of credibility and resolutely points to the accused as the author of the crime. A medical certificate is not indispensable to prove rape. 32 SDAaTC
Since the elements of minority and relationship were alleged in the Information and sufficiently proven by the prosecution during the trial, the penalty of reclusion perpetua without eligibility for parole shall be imposed in lieu of the death penalty, which remains prohibited by virtue of R.A. No. 9346. 33 Sections 2 and 3 thereof state:
SEC. 2. In lieu of the death penalty, the following shall be imposed:
(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or
(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code.
SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known as the Indeterminate Sentence Law, as amended. (Emphases Ours)
The Court also deems it proper to modify the award of damages in accordance with prevailing jurisprudence. In the case of People v. Jugueta, 34 the Court held that when the penalty imposed is death but reduced to reclusion perpetua pursuant to R.A. No. 9346, the civil indemnity, moral damages, and exemplary damages to be imposed will each be P100,000.00 for each count of rape. 35
As to XXX's liability for lascivious conduct under Article 336 of the RPC, in relation to Section 5 (b) of R.A. No. 7610, the aggravating circumstance of relationship must likewise be considered in the imposition of the proper penalty. The recent case of People of the Philippines v. Salvador Tulagan36 explicitly provides that when the victim of sexual abuse or lascivious conduct under Section 5 (b) of R.A. No. 7610 is 12 years of age or older but not over 18, and the penalty imposed is reclusion perpetua, the amount of indemnity and damages should be: (1) P75,000.00 as civil indemnity; (2) P75,000.00 as moral damages; and (3) P75,000.00 as exemplary damages.
Finally, the Court reiterates the oft-stated doctrine that factual findings of the trial court, its calibration of the testimonies of the witnesses and its assessment of their probative weight are given high respect if not conclusive effect, more so when affirmed by the CA. In this regard, the Court finds no reversible error in the findings of the appellate court in upholding the conviction of XXX for all four (4) counts of Rape, in relation to R.A. No. 7610, and one count of acts of lasciviousness.
WHEREFORE, premises considered, the Decision dated May 9, 2018 of the Court of Appeals in CA-G.R. CR-HC No. 02384, finding XXX GUILTY beyond reasonable doubt of four (4) counts of Rape, in relation to Republic Act No. 7610, and one (1) count of Lascivious Conduct under Article 336 of the Revised Penal Code, in relation to Section 5 (b) of Republic Act No. 7610, is hereby AFFIRMED with the following MODIFICATIONS:
1. In Criminal Case No. TCS-6291 (Qualified Rape) — the penalty of reclusion perpetua without eligibility for parole and to pay AAA the amount of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages;
2. In Criminal Case No. TCS-6292 (Qualified Rape) — the penalty of reclusion perpetua without eligibility for parole and to pay AAA the amount of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages;
3. In Criminal Case No. TCS-6293 (Qualified Rape) — the penalty of reclusion perpetua without eligibility for parole and to pay AAA the amount of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages;
4. In Criminal Case No. TCS-6295 (Qualified Rape) — the penalty of reclusion perpetua without eligibility for parole and to pay AAA the amount of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages; and acEHCD
5. In Criminal Case No. TCS-6294 (Lascivious Conduct) — the penalty of reclusion perpetua and to pay AAA the amount of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages.
The amounts herein awarded shall earn an interest at the rate of six percent (6%) per annum from the date of finality of this Resolution.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. At the victim's instance or, if the victim is a minor, that of his or her guardian, the complete name of the accused may be replaced by fictitious initials and his or her personal circumstances blotted out from the decision, resolution, or order if the name and personal circumstances of the accused may tend to establish or compromise the victims' identities, in accordance with Amended Administrative Circular No. 83-2015 (III [1] [c]) dated September 5, 2017.
2. CA rollo, pp. 98-99.
3. Penned by Associate Justice Edgardo L. Delos Santos, with Associate Justices Edward B. Contreras and Louis P. Acosta, concurring; id. at 84-97.
4. Rendered by Presiding Judge Ruben F. Altubar; id. at 38-48.
5. AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES. Approved on September 30, 1997.
6. AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES. Approved on June 17, 1992.
7.Rollo, pp. 4-6.
8. The real name of the victim, her personal circumstances and other information which tend to establish or compromise her identity, as well as those of her immediate family, or household members, shall not be disclosed to protect her privacy, and fictitious initials shall, instead, be used, in accordance with People v. Cabalquinto (533 Phil. 703 [2006]) and the Amended Administrative Circular No. 83-2015 dated September 5, 2017.
9.Rollo, pp. 5-6.
10.Id. at 6.
11.Id. at 7.
12.Id.
13.Id.
14.Id. at 8.
15.Id.
16. CA rollo, p. 88.
17.Id. at 41-42.
18.Id. at 90-91.
19.Id. at 38-48.
20.Id. at 47-48.
21.Rollo, pp. 4-17.
22.Id. at 16-17.
23. CA rollo, pp. 42-90.
24.People v. Tubat, 680 Phil. 730, 737-738 (2012).
25. 656 Phil. 165 (2011).
26.Id. at 174.
27.Rollo, pp. 13-14.
28.People v. Pacheco, 632 Phil. 624, 633 (2010).
29.Rollo, p. 15.
30. 388 Phil. 233 (2000).
31.Id. at 249.
32.People v. Basite, 459 Phil. 197, 205 (2003).
33. AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES (Approved on June 24, 2006).
34. 783 Phil. 806 (2016).
35. II. For Simple Rape/Qualified Rape:
1.1 Where the penalty imposed is Death but reduced to reclusion perpetua because of R.A. No. 9346:
a. Civil indemnity — P100,000.00
b. Moral damages — P100,000.00
c. Exemplary damages — P100,000.00
Id. at 848-849.
36. G.R. No. 227363, March 12, 2019.