People v. ZZZ

SECOND DIVISION

[G.R. No. 251569. November 10, 2021.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ZZZ, *accused-appellant.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Second Division, issued a Resolution dated10 November 2021which reads as follows:

"G.R. No. 251569 (People of the Philippines v. ZZZ). — Before the Court is an Appeal 1 from the Decision 2 dated July 4, 2019 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 10799 affirming the Joint Decision 3 dated November 3, 2017 of Branch 130, Regional Trial Court (RTC), _____________ City in Criminal Case Nos. C-67652, C-67653, C-71067, C-71068, C-71069, and C-71070. The Joint Decision 4 found ZZZ (accused-appellant) guilty beyond reasonable doubt of the crime of Rape and Acts of Lasciviousness. 5

The Antecedents

Accused-appellant was charged with three counts of Rape defined and penalized under Article 266-A (1) (a) 6 of the Revised Penal Code (RPC) and three counts of Acts of Lasciviousness defined and penalized in Article 336 7 of same Code, in relation to Republic Act No. (RA) 7610 otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, in six separate Informations 8 which read:

Criminal Case No. C-67652Rape in Relation to RA 7610

That on or about the 4th day of March, 2003 in _____________ City, MM, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and taking advantage of his superior streng[th] being a distant relative of one, AAA, * a minor of fifteen (15) years old and by means of force and intimidation, did then and there willfully, unlawfully and feloniously insert his finger inside the vagina of herein minor-complainant, against the latter's will and without her consent.

Contrary to Law. 9 CAIHTE

Criminal Case No. C-67653Acts of Lasciviousness in Relation to RA 7610

That on or about the 9th day of March, 2003 in ____________City, MM, and within the jurisdiction of this Honorable Court, the above-named accused with lewd design and by means of force and intimidation, did then and there willfully, unlawfully and feloniously commit acts of lasciviousness against the person of one, AAA, by then and there touching the vagina of the latter, a minor of fifteen (15) years old, against her will and without her consent.

Contrary to Law. 10

Criminal Case No. C-71067Rape in Relation to RA 7610

That on or about the [sic] February 13, 2003, in _____________ City, Metro Manila, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design, by means of force, violence and intimidation upon the person of AAA, a minor 15 years of age, did then and there willfully, unlawfully and feloniously have carnal knowledge on said complainant, against her will and without her consent.

Contrary to Law. 11

Criminal Case No. C-71068Rape in Relation to RA 7610

That on or about the [sic] January 23, 2003, in ________________ City, Metro Manila, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design, by means of force, violence and intimidation upon the person of AAA, a minor 15 years of age, did then and there willfully, unlawfully and feloniously kiss and insert his penis at the vagina of said complainant, against her will and without her consent.

Contrary to Law. 12

Criminal Case No. C-71069Acts of Lasciviousness in Relation to RA 7610

That on or about the 10th day of December 2002, in _____________ City, Metro Manila, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd designs did then and there willfully, unlawfully and feloniously commit acts of lasciviousness against the person of AAA, a minor 15 years of age, by then and there kissing the cheeks, neck, lips and touching the breasts and vagina of said complainant, against her will and by means of force and intimidation.

Contrary to Law. 13

Criminal Case No. C-71070Acts of Lasciviousness in Relation to RA 7610

That on or about the 25th day of January 2003, in _____________ City, Metro Manila, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd designs did then and there willfully, unlawfully and feloniously commit acts of lasciviousness against the person of AAA, a minor 15 years of age, by then and there kissing the cheeks, neck, lips and touching the breasts and vagina of said complainant, against her will and by means of force and intimidation.

Contrary to Law. 14

When arraigned, accused-appellant entered pleas of not guilty to all the charges. 15

Trial on the merits ensued. 16

The facts as summarized by the CA are as follows:

AAA was living with YYY, a friend of AAA's mother and common-law partner of accused-appellant. AAA was entrusted to YYY by her mother because the latter had to leave the country to work in Hong Kong as an overseas contract worker in 1999. 17 DETACa

Accused-appellant molested and sexually abused AAA when she was only 15 years old. The first incident took place on December 10, 2002 when accused-appellant suddenly entered her room, held her hands and kissed her on the cheeks, neck, and lips. Accused-appellant also touched her breasts and genitalia. She struggled to free herself, but accused-appellant pointed a knife at her neck and told her not to tell anyone of the incident. AAA kept her silence. 18

On January 23, 2003, accused-appellant raped AAA. Accused-appellant was lying on top of her, who was then taking a nap on the sofa. She abruptly woke up when accused-appellant started kissing her neck, cheek, and lips as he undressed and removed her shorts and underwear. Accused-appellant then inserted his penis into AAA's vagina. After satisfying his lustful desires, accused-appellant threatened her that he will kill her if she told anyone about what happened. Afraid, she remained quiet. 19

Two days later, or on January 25, 2003, AAA was working on her computer when accused-appellant again suddenly barged into her room then kissed and mashed her breasts. She tried to put up a fight but to no avail. As in the previous incidents, accused-appellant threatened to kill her if she told anyone about it. 20

Accused-appellant raped AAA again on February 13, 2003. He forced himself upon AAA, who was resting on the sofa. He kissed her on the lips, cheeks, neck, and then mashed her breasts. He then forcibly removed her shorts and underwear as he pulled down his own shorts and inserted his penis into AAA's vagina. Accused-appellant repeated his threats against her. 21

In another incident, particularly on March 4, 2003, accused-appellant again sexually abused AAA. Accused-appellant barged into her room, held her hands and kissed her. Accused-appellant forcibly pulled her up, mashed her breasts and inserted his finger into her vagina. She tried to fight back but accused-appellant was strong. Accused-appellant even pointed a knife at her neck and threatened to kill YYY and the latter's daughter if she tells anyone of the incident. 22

The last act of molestation committed by accused-appellant against AAA was on March 9, 2003, when accused-appellant persisted in inserting his hands into her shorts and thereafter his finger into the latter's vagina despite her resistance. After satisfying his bestial desire, accused-appellant pulled out a knife, pointed it at AAA's neck, and threatened her. 23

After keeping her silence for sane time, AAA eventually mustered the courage to tell YYY's daughter about her ordeal. Upon learning of what happened, YYY assured AAA that she will help her. 24

On March 10, 2003, AAA and her father reported the incident to the police. She executed a complaint-affidavit and was thereafter subjected to medical examination which revealed the presence of shallow healed lacerations at 3 and 9 o'clock positions as well as a deep healed laceration at 6 o'clock position. 25

In his defense, accused-appellant insisted that he was in Cebu sometime in December 2002 and returned to _____________ City only on December 21, 2002. He averred that he could not possibly rape AAA in January and February 2003 as her mother just came home from Hong Kong and was with her all the time. He further raised that AAA was molested by her Uncle and that was the reason why she was transferred to the care of YYY. Lastly, he intimated that AAA's mother filed the present case only to escape her obligation to him worth P100,000.00. 26

The Ruling of the RTC

On November 3, 2017, the RTC found accused-appellant guilty of three counts of Rape under Article 266-A of the RPC, as amended by RA 8353 otherwise known as The Anti-Rape Law of 1997, and three counts of Acts of Lasciviousness under Article 336 of the RPC. It explained: (1) AAA remained steadfast in her assertion despite intense cross-examination; (2) the supposed inconsistencies between her sworn declaration and her testimony in open court did not impair her credibility; (3) and her declarations were consistent regarding basic matters constituting the elements of the crime and the positive identification of accused-appellant. 27 The fallo of the Decision 28 reads:

WHEREFORE, premises considered, the Court hereby renders judgment ordering as follows: aDSIHc

In Criminal Case No. C-67652, the Court finds the accused [ZZZ] GUILTY by proof beyond reasonable doubt of the crime of rape defined and penalized under Art. 266-A, paragraph 1 (a) of the Revised [P]enal Code as amended by Republic Act No. 8353. He is hereby sentenced to suffer the penalty of imprisonment of reclusion perpetua. The Court likewise orders the accused to pay the private complainant AAA the amount of Php75,000.00 as civil indemnity and another Php75,000.00 as moral damages. The award [of] Php30,000.00 by way of exemplary damages in line with prevailing jurisprudence is proper with interest of 6% per annum on such awards reckoned from the finality of this Decision until full payment;

In Criminal Case No. C-71067, the Court finds the accused [ZZZ] GUILTY by proof beyond reasonable doubt of the crime of rape defined and penalized under Art. 266-A, paragraph 1 (a) of the Revised [P]enal Code as amended by Republic Act No. 8353. He is hereby sentenced to suffer the penalty of imprisonment of reclusion perpetua. The Court likewise orders the accused to pay the private complainant AAA the amount of Php75,000.00 as civil indemnity and another Php75,000.00 as moral damages. The award [of] Php30,000.00 by way of exemplary damages in line with prevailing jurisprudence is proper with interest of 6% per annum on such awards reckoned from the finality of this decision until full payment;

In Criminal Case No. C-71068, the Court finds the accused [ZZZ] GUILTY by proof beyond reasonable doubt of the crime of rape defined and penalized under Art. 266-A, paragraph 1 (a) of the Revised [P]enal Code as amended by Republic Act No. 8353. He is hereby sentenced to suffer the penalty of imprisonment of reclusion perpetua. The Court likewise orders the accused to pay the private complainant AAA the amount of Php75,000.00 as civil indemnity and another Php75,000.00 as moral damages. The award [of] Php30,000.00 by way of exemplary damages in line with prevailing jurisprudence is proper with interest of 6% per annum on such awards reckoned from the finality of this decision until full payment;

In Criminal Case No. C-67653, the Court finds the accused [ZZZ] GUILTY beyond reasonable doubt for the crime of Acts of Lasciviousness defined and penalized under Article 336 of the Revised Penal Code. He is hereby sentenced to suffer an imprisonment of the indeterminate penalty of SIX (6) MONTHS of arresto mayor as minimum to SIX (6) YEARS of prision correccional as maximum;

In Criminal Case No. C-71069, the Court finds the accused [ZZZ] GUILTY beyond reasonable doubt for the crime of Acts of Lasciviousness defined and penalized under Article 336 of the Revised Penal Code. He is hereby sentenced to suffer an imprisonment of the indeterminate penalty of SIX (6) MONTHS of arresto mayor as minimum to SIX (6) YEARS of prision correccional as maximum; and

In Criminal Case No. C-71070, the Court finds the accused [ZZZ] GUILTY beyond reasonable doubt for the crime of Acts of Lasciviousness defined and penalized under Article 336 of the Revised Penal Code. He is hereby sentenced to suffer an imprisonment of the indeterminate penalty of SIX (6) MONTHS of arresto mayor as minimum to SIX (6) YEARS of prision correccional as maximum; ETHIDa

Article 2219, (3), of the Civil Code expressly recognizes the right of the victim in acts of lasciviousness to recover moral damages. To this end, the Court, upon appreciation of the records, hereby award the amount of P20,000.00 by way of moral damages and in addition, AAA is entitled to recover civil indemnity of P10,000.00, per each case with interest of 6% per annum on such awards reckoned from the finality of this decision until full payment.

Further, pursuant to OCA Circular No. 163-2013 dated 6 December 2013, the City Jail Warden of Caloocan City Jail is hereby directed to cause the immediate transfer and commitment of the accused [ZZZ] to the New Bilibid Prison for the service of his sentence.

SO ORDERED. (Emphasis omitted) 29

Aggrieved, accused-appellant appealed to the CA.

The Ruling of the CA

In the assailed Decision, 30 the CA affirmed accused-appellant's conviction. It held: (1) that by reason of AAA's straightforward, positive, and spontaneous testimony that accused-appellant violated her womanhood, accused-appellant's denial and alibi cannot prevail; (2) that it found no concrete showing that the victim or her witnesses harbored any ill motive to falsely testify against accused-appellant; and (3) that it found his assertion that AAA's mother owes him money to be insufficient to absolve him of any criminal liability without competent and independent evidence. 31 It disposed of the case as follows:

WHEREFORE, in view of the foregoing premises, the APPEAL is hereby DENIED and the conviction of accused [ZZZ] in Criminal Cases No. 67652, 67653, 71067, 71068, 71069 and 71070 is hereby AFFIRMED.

SO ORDERED. (Emphasis omitted) 32

Hence, the instant appeal.

Before the Court, accused-appellant manifested that he would no longer file a supplemental brief as he had exhaustively discussed the arguments for his acquittal in his Appellant's Brief. 33 The Office of the Solicitor General manifested in like manner that the Appellee's Brief 34 filed before the CA already discussed its arguments; hence, there is no necessity to file a supplemental brief. 35

The Issue

The only issue in this case is whether the CA erred in affirming accused-appellant's conviction for the crimes charged.

The Court's Ruling

By and large, accused-appellant invoked the same arguments he raised before the CA in assailing his conviction. He argued that AAA's testimony was inconsistent and incredible.

The Court is not persuaded.

At the outset, the Court takes into consideration that AAA was only 15 years old at the time of the commission of the crimes. She was subjected to sexual acts against her consent committed by accused-appellant with force, threat, and intimidation. 36

The finding of guilt beyond reasonable

To obtain a conviction for a charge of Rape under Article 266-A (1) of the RPC, as amended by RA 8353, the prosecution must establish that: (a) the offender had carnal knowledge of a woman; and (b) he accomplished this act under the circumstances mentioned in the provision, e.g., through force, threat, or intimidation. The gravamen of rape is sexual intercourse with a woman against her will. 37 In the landmark case of People v. Tulagan, 38 the Court clarified the principles laid down in jurisprudence with respect to the need to examine the evidence of the prosecution to determine whether the person accused of Rape should be prosecuted under the RPC or RA 7610. It instructed:

First, if sexual intercourse is committed with an offended party who is a child less than 12 years old or is demented, whether or not exploited in prostitution, it is always a crime of statutory rape; more so when the child is below 7 years old, in which case the crime is always qualified rape.

Second, when the offended party is 12 years old or below 18 and the charge against the accused is carnal knowledge through "force, threat or intimidation," then he will be prosecuted for rape under Article 266-A (1) (a) of the RPC. In contrast, in case of sexual intercourse with a child who is 12 years old or below 18 and who is deemed "exploited in prostitution or other sexual abuse," the crime could not be rape under the RPC, because this no longer falls under the concept of statutory rape, and the victim indulged in sexual intercourse either "for money, profit or any other consideration or due to coercion or influence of any adult, syndicate or group," which deemed the child as one "exploited in prostitution or other sexual abuse." 39

Here, the Court agrees that the prosecution had adequately proven accused-appellant's guilt beyond reasonable doubt for Rape committed on January 23, 2003 and February 13, 2003. This was even corroborated by the medical findings conducted immediately after the incident. Under the circumstances, the testimony of a rape victim of tender or immature age, like AAA, deserves full credit.

First, the credibility accorded by the RTC to AAA is an important aspect of evidence which the CA can rely on because of its unique opportunity to observe the witness, particularly her demeanor, conduct, and attitude during the direct and cross-examination by counsel. There is no showing that the RTC judge overlooked, misunderstood, or misapplied some facts or circumstances of weight which would affect the result of the case. Hence, the assessment of credibility deserves the Court's highest respect. 40 AIDSTE

Second, no young girl will voluntarily submit herself to a medical examination and willingly undergo public trial where she may be compelled to narrate in detail the circumstances of her harrowing experience of unwanted sexual congress had she not been impelled by a sincere desire to seek justice for her debasement. The Court sees no compelling reason to deviate from these settled doctrines. 41

Third, accused-appellant's blanket denial of the charges against him must likewise fail in light of the detailed, consistent, and categorical testimony of AAA positively identifying him as the perpetrator of the unwanted sexual congress. Being self-serving, denial is inherently weak and is looked upon with great disfavor. Here, accused-appellant's bare denial cannot be given more evidentiary weight than the testimony of AAA. 42

In Criminal Case Nos. C-71067 and C-71068, the CA correctly found accused-appellant guilty of two counts of Rape through Sexual Intercourse under Article 266-A (1) of the RPC and properly imposed the penalty of reclusion perpetua. The Court also sustains the award for civil indemnity and moral damages but increases the exemplary damages for each count of Rape to P75,000.00, all with legal interest rate of 6% per annum from finality of this Resolution until fully paid. 43

In Criminal Case No. C-67652, accused-

In Criminal Case No. C-67652, both the RTC and the CA convicted accused-appellant for Rape defined and penalized under Art. 266-A (1) (a) of the RPC, as amended by RA 8353, and imposed the penalty of reclusion perpetua, with monetary awards of civil indemnity and moral damages at P75,000.00 each, and exemplary damages at P30,000.00 for his act of inserting his finger inside AAA's vagina against the latter's will and consent.

However, this act constitutes Lascivious Conduct within the purview of Section 2 (h) of the Rules and Regulations on the Reporting and Investigation of Child Abuse Cases, in relation to Section 5 (b) of RA 7610, viz.:

[T]he intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of an person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person. 44

The case of People v. Caoili45 provided the guidelines in designating or charging the proper offense in case Lascivious Conduct is committed under Section 5 (b) of RA 7610, and in determining the proper penalty, to wit:

1. The age of the victim is taken into consideration in designating or charging the offense, and in determining the imposable penalty.

2. If the victim is under twelve (12) years of age, the nomenclature of the crime should be "Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b) of R.A. No. 7610." Pursuant to the second proviso in Section 5(b) of R.A. No. 7610, the imposable penalty is reclusion temporal in its medium period.

3. If the victim is exactly twelve (12) years of age, or more than twelve (12) but below eighteen (18) years of age, or is eighteen (18) years old or older but is unable to fully take care of herself/himself of protect herself/himself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition, the crime should be designated as "Lascivious Conduct under Section 5(b) of R.A. No. 7610," and the imposable penalty is reclusion temporal in its medium period to reclusion perpetua.

Notably, the penalty for Lascivious Conduct under Section 5 (b) of RA 7610 is reclusion temporal medium to reclusion perpetua, which is higher than the prescribed penalty of prision mayor for the crime of Sexual Assault under Article 266-A (2) of the RPC. This is consistent with the declared policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development. 46 AaCTcI

If the victim is 12 years old or above but under 18 years old, or at least 18 years old under special circumstances, the nomenclature of the crime should be Lascivious Conduct under Section 5 (b) of RA 7610 with the imposable penalty of reclusion temporal in its medium period to reclusion perpetua, but it should not make any reference to the RPC. The crime shall be called "Sexual Assault under paragraph 2, Article 266-A of the RPC" with the imposable penalty of prision mayoronly when the victim of the sexual assault is 18 years old or above and not demented. 47

The crime of Lascivious Conduct under Section 5 (b) of RA 7610 has three elements, to wit: (1) the accused commits an act of sexual intercourse or lascivious conduct; (2) the said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and (3) the child is below 18 years old. All the elements have been satisfactorily established in the case. 48

As stated, accused-appellant's act of putting his finger inside AAA's vagina on March 4, 2003 in Criminal Case No. C-67652 constitutes Lascivious Conduct.

In Criminal Case Nos. C-67653, C-71069,

Similarly, in Criminal Case Nos. C-67652, C-67653, C-71069, and C-71070, the correct nomenclature of the crime committed is Lascivious Conduct under Section 5 (b) of RA 7610 and not Rape under Article 266-A of the RPC considering that AAA was above 12 years but under 18 years of age at the time of the incidents. 49

Records would show that accused-appellant, on three different dates, touched AAA's vagina and breasts, kissed her cheeks, neck, and lips. As vividly narrated by AAA, on these occasions, he embraced and kissed her; and fondled and touched her private parts. Accused-appellant's acts of touching AAA's private parts, kissing her cheeks, neck, and lips, on three different dates in Criminal Case Nos. C-67653, C-71069 and C-71070, all constitute Lascivious Conduct.

Imposition of penalty for Lascivious

Following the Court's ruling in Tulagan, 50 the penalty to be imposed for Lascivious Conduct under Section 5 (b) of RA 7610 is reclusion temporal in its medium period to reclusion perpetua. Applying the Indeterminate Sentence Law and in the absence of aggravating or mitigating circumstances, the Court imposes the indeterminate penalty of imprisonment of eight (8) years and one (1) day of prision mayor, as minimum, to seventeen (17) years, four (4) months and one (1) day of reclusion temporal, as maximum, for every count of the crime. 51 The award of damages are as follows: P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages for each count, in line with current jurisprudence. 52 EcTCAD

Pursuant to Section 31 (f), Article XII of RA 7610, accused-appellant is likewise ordered to pay a fine in the amount of P15,000.00 53 for each count. 54 All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of the resolution until their full satisfaction.

WHEREFORE, the appeal is DISMISSED. The Decision dated July 4, 2019 of the Court of Appeals in CA-G.R. CR-HC No. 10799, affirming in toto the Joint Decision dated November 3, 2017 of Branch 130, Regional Trial Court of _____________ City in Criminal Case Nos. C-67652, C-67653, C-71067, C-71068, C-71069, and C-71070, is AFFIRMED WITH MODIFICATIONS as follows:

(1) In Criminal Case Nos. C-71067 and C-71068, accused-appellant ZZZ is found GUILTY beyond reasonable doubt of two (2) counts of Rape under Article 266-A (1) (a), in relation to Article 266-B of the Revised Penal Code, as amended by Republic Act No. 8353, and is SENTENCED to suffer the penalty of reclusion perpetua for each count. He is further ORDERED to PAY AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages for each count; and

(2) In Criminal Case Nos. C-67652, C-67653, C-71069, and C-71070, accused-appellant ZZZ is found GUILTY beyond reasonable doubt of Lascivious Conduct under Section 5 (b) of Republic Act No. 7610 and is SENTENCED to suffer the indeterminate penalty of imprisonment of eight (8) years and one (1) day of prision mayor, as minimum, to seventeen (17) years, four (4) months and one (1) day of reclusion temporal, as maximum, for each count. He is further ORDERED to PAY AAA the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages, P50,000.00 as exemplary damages, and a fine of P15,000.00 for every count of the offense.

Legal interest of six percent (6%) per annum is imposed on all damages awarded from the date of finality of this Resolution until fully paid.

SO ORDERED."

By authority of the Court:

(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court

Footnotes

* The identity of the victim or any information to 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 for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, and for Other Purposes"; Republic Act No. 9262, "An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes"; Section 40 of A.M. No. 04-10-11-SC, known as the "Rule on Violence Against Women and Their Children," effective November 5, 2004; People v. Cabalquinto, 533 Phil. 703, 709 (2006); and Amended Administrative Circular No. 83-2015 dated September 5, 2017, Subject: Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders Using Fictitious Names/Personal Circumstances. People v. AAA (G.R. No. 248777, July 7, 2020).

1. Rollo, pp. 30-31.

2. Id. at 3-29; penned by Associate Justice Eduardo B. Peralta, Jr. with Associate Justices Ramon R. Garcia and Gabriel T. Robeniol, concurring.

3. CA rollo, pp. 74-88; penned by Presiding Judge Raymundo G. Vallega.

4. Id.

5. Id. at 87.

6. 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;

7. Art. 336. Acts of lasciviousness. — Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.

8. Rollo, pp. 4-6.

* The identity of the victim or any information to establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. (RA) 7610, "An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation and for Other Purposes"; RA 9262, "An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes"; Section 40 of Administrative Matter No. 04-10-11-SC, known as the "Rule on Violence against Women and Their Children," effective November 15, 2004; People v. Cabalquinto, 533 Phil. 703 (2006); and Amended Administrative Circular No. 83-2015 dated September 5, 2017, Subject: Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders Using Fictitious Names/Personal Circumstances.

9. As culled from the CA Decision, rollo, p. 4.

10. Id.

11. Id. at 4-5.

12. Id. at 5.

13. Id.

14. Id. at 5-6.

15. Id. at 6.

16. Id.

17. Id. at 6-7.

18. Id.

19. Id. at 7.

20. Id. at 7-8.

21. Id. at 8.

22. Id.

23. Id.

24. Id. at 9.

25. Id.

26. Id.

27. CA rollo, p. 84.

28. Id. at 74-88.

29. Id. at 86-88.

30. Rollo, pp. 3-29.

31. Id. at 25.

32. Id. at 28.

33. CA rollo, pp. 44-71.

34. Id. at 95-118.

35. Id. at 48-51.

36. People v. Nocido, G.R. No. 240229, June 17, 2020.

37. People v. XXX, G.R. No. 233463, February 19, 2020.

38. G.R. No. 227363, March 12, 2019.

39. Id.

40. People v. Moya, G.R. No. 228260, June 10, 2019.

41. People v. XXX, G.R. No. 227848, February 5, 2020.

42. Id.

43. People v. XXX, G.R. No. 248808, July 29, 2020.

44. Encinares v. People, G.R. No. 252267, January 11, 2021.

45. 815 Phil. 839-954 (2017).

46. People v. Nocido, G.R. No. 240229, June 17, 2020.

47. People v. VVV, G.R. No. 230222, June 22, 2020.

48. Id.

49. Id.

50. People v. Tulagan,supra note 38.

51. Id.

52. Id.

53. People v. ZZZ, G.R. No. 224584, September 4, 2019.

54. Id.