G.R. No. 197537, July 24, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NINOY ROSALES Y ESTO, Accused-Appellant.
G.R. No. 197537, July 24, 2013
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NINOY ROSALES Y ESTO, Accused-Appellant.
D E C I S I O N
That on or about the 27th day of June, 2004, in Caloocan City, Metro Manila and within the jurisdiction of this Honorable Court, the above-named accused, having knowledge that [AAA],4 39 years old, is mentally retarded and has the mind of child below 18 years old, taking advantage of the victim’s mental disability, wilfully, unlawfully and feloniously had sexual intercourse with said [AAA].
GENITAL:cralavvonlinelawlibraryPUBIC HAIR: Abundant
LABIA MAJORA: Full, convex & coapted
LABIA MINORA: With dark brown, hypertrophied. Labia minora congested & abraded on both sides.
HYMEN: Deep healed lacerations at 3&7 o’clock position.
POSTERIOR FOURCHETTE: Abraded, congested
EXTERNAL VAGINAL ORIFICE: Slight resistance of the examining index finger.
VAGINAL CANAL: Narrow with prominent rugosities.
CERVIX: Firm & closed.
PERIURETHRAL AND VAGINAL SMEARS: Negative for spermatozoa & negative for gram negative diplococci.
CONCLUSION: Subject is non-virgin state physically. There are no external signs of application of any form of trauma.9
Q: Do you know the accused in this case named Ninoy Rosales? A: Yes [s]ir. Q: And why do you know Ninoy Rosales? A: He is a carpenter in Magnas [s]ir. Q: Where is this Magnas located? A: In Quezon City [s]ir. Q: Near your residence in Quezon City? A: Far from our house [s]ir. Q: Do you remember where were you on June 27, 2004 at about 9:00 a.m.? A: I was outside [s]ir. Q: Outside your residence? A: Yes [s]ir. Q: And while you were outside your residence, what were you doing? A: I was holding a dog [s]ir. Q: And while you were holding this dog, do you remember of any incident that happened on June 27, 2004 at 9:00 a.m.? A: He [paid] me P200.00 [s]ir. Q: Who paid you P200.00? A: Siya po [s]ir. Interpreter: The witness pointed to a person of the accused your Honor. Fiscal Azarcon Q: So, you want to impress to this Court that the accused handed to you P200.00? A: Yes [s]ir. Q: And can you tell this Court for what purpose is that P200.00 given to you? A: It is for me to buy “sitsirya” (junk foods) [s]ir. Q: After receiving this P200.00 from the accused in this case, what happened then? A: He forced me to go with him in the cemetery [s]ir. Q: And where is this cemetery located? A: In Caloocan City [s]ir. Q: And what is the name of that cemetery, if you can remember? A: No [s]ir. Q: And was he able to bring you to the cemetery in Caloocan City? A: Yes [s]ir. Q: What particular place do you remember in that cemetery in Caloocan City? A: He brought me there in the cemetery and then he undressed me [s]ir. Q: Could you remember what house, store or any building did he bring you? A: In place where there is a concrete wall and a stairway [s]ir. Q: Where does this stairway goes? A: In going to their house [s]ir. Q: House of whom? A: To the accused [s]ir. Q: You want to impress to this Court Ms. Witness that the house of the accused is located in the cemetery in Caloocan City? A: Yes [s]ir. Q: And he brought you there in that house? A: Yes [s]ir. Q: So, what did he do while you were inside his house? A: He ordered me to lie down, he undressed me and then, he inserted his penis to my genitalia [s]ir. Q: What were you wearing at that time? A: Short [s]ir. Q: And were you wearing panty at that time? A: Yes [s]ir. Q: Were you also wearing dress or t-shirt at that time? A: No more [s]ir. Q: Before going to the place of Ninoy Rosales, were you dressed at that time? A: Yes [s]ir. Q: What kind of dress were you wearing? A: Red [s]ir. Q: Is it a t-shirt or blouse? A: Blouse [s]ir. Q: You said that he undressed you inside the house in [the] cemetery located in Caloocan City, what was the first thing that he undressed you, the lower or upper portion? A: All [s]ir. Q: And when he undressed you, what did you do, if any? A: I was not able to shout [s]ir[.] Q: Why? A: Because I do not know the people there [s]ir. Q: There were other people inside that house or outside the house? A: Outside the house [s]ir. Q: How about inside the house, how many people were present? A: Only the accused [s]ir. Q: So, when he undressed you, you were only two inside the house of Ninoy Rosales? A: Yes [s]ir. Q: You said that after undressing you, he inserted his penis to your vagina, what did you feel, if any? A: It was painful [s]ir. Q: What else did the accused, Ninoy Rosales, do to you [other] than that? A: He sucked my breast [s]ir. Q: You said a while ago that “pinahiga niya ako,” was that in the occasion that he undressed you while you were lying down? A: Yes [s]ir while he was on top of me [s]ir. Q: After he inserted his penis to your private part, thereafter he finished, what happened next? A: He ordered me to put on my dress [s]ir. Q: And you put your dress on? A: Yes [s]ir.21 x x x x Q: Madam, you are pointing to a person here, the accused in this case, as the one who brought you to his house and raped you, are you sure that that person was the one who brought you and raped you? A: Yes [s]ir. Q: Will you point to him again? A: Siya po [s]ir. Interpreter: The witness pointed to a person who responded by the name of Ninoy Rosales your Honor.22
ART. 266-A. Rape; When and How Committed. – Rape is committed:cralavvonlinelawlibrary1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:cralavvonlinelawlibrarya) Through force, threat or intimidation;chanroblesvirtualawlibrary
b) When the offended party is deprived of reason or is otherwise unconscious;chanroblesvirtualawlibrary
c) By means of fraudulent machination or grave abuse of authority;chanroblesvirtualawlibrary
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.
x x x x
ART. 266-B. Penalties. – Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
x x x x
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:cralavvonlinelawlibrary
x x x x
10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.
Under the aforementioned provisions, when rape is committed by an assailant who has knowledge of the victim’s mental retardation, the penalty is increased to death. This circumstance must be alleged in the information being a qualifying circumstance which increases the penalty to death and changes the nature of the offense from simple to qualified rape.26
Although appellant denied any knowledge about AAA’s mental condition, it was he himself who volunteered the information that he had been living with AAA for four (4) months in his house. It is therefore logical to assume that appellant was fully aware of the workings of AAA’s mental faculties. Furthermore, AAA’s mental condition was sufficiently established by medical findings, as well as the testimony of AAA’s mother.
Considering the presence of the special qualifying circumstance of the appellant's knowledge of the victim's mental retardation, the same being properly alleged in the Information charging the appellant of the crime of rape and proven during trial, this Court imposes on the appellant the supreme penalty of death. But with the enactment of Republic Act No. 9346,27 the imposition of the death penalty has been prohibited. This Court accordingly imposes the penalty of reclusion perpetua without eligibility for parole.
The significance of raising the crime charged from simple rape to qualified rape relates to the award of damages. Since the crime of rape is perpetrated with a qualifying circumstance which required the imposition of the death penalty, the civil indemnity and moral damages for the victim shall be increased to P75,000.00 each.28 Also, the award of exemplary damages in the amount of P30,000.00 is in order.29
WHEREFORE, the appeal is DENIED. The Decision dated 26 July 2010 of the Court of Appeals in CA-G.R. CR.-H.C. No. 03043 is AFFIRMED WITH MODIFICATIONS. Accused-appellant Ninoy Rosales y Esto is GUILTY of qualified rape and is sentenced to suffer the penalty of reclusion perpetua without eligibility of parole, and is ordered to pay AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages and P30,000.00 as exemplary damages. The amounts of damages awarded are subject further to interest of 6% per annum from the date of finality of this judgment until they are fully paid.
Carpio, (Chairperson), Brion, Del Castillo, and Perlas-Bernabe, JJ., concur.
Endnotes:1 Presided by Associate Justice Jose C. Reyes, Jr. with Associate Justices Antonio L.Villamor and Ruben C. Ayson, concurring. Rollo, pp. 2-13.cralawlibrary
2 Penned by Presiding Judge Thelma Canlas Trinidad-Pe Aguirre. CA rollo, pp. 12-20.cralawlibrary
3 Records, p. 2.cralawlibrary
4 The real name and other personal circumstances of the victim are withheld to protect her privacy. See People v. Cabalquinto, 533 Phil. 703 (2006).cralawlibrary
6 TSN, 6 September 2006, pp. 5-12.cralawlibrary
7 The real name of the victim’s mother is likewise withheld to protect her privacy.cralawlibrary
8 Records, p. 92.cralawlibrary
9 Id. at 93.cralawlibrary
10 Id. at 87.cralawlibrary
11 TSN, 25 July 2007, pp. 4-9.cralawlibrary
12 CA rollo, p. 59.cralawlibrary
13 Id. at 21.cralawlibrary
14Rollo, p. 14.cralawlibrary
15 Id. at 19.cralawlibrary
16 Id. at 21-22 and 25-26.cralawlibrary
17 CA rollo, p. 43.cralawlibrary
18 G.R. No. 185285, 5 October 2009, 603 SCRA 40.cralawlibrary
19 Id. at 48-49.cralawlibrary
20People v. Rosare, G.R. No. 118823, 19 November 1996, 264 SCRA 398, 411.cralawlibrary
21 TSN, 6 September 2006, pp. 5-10.cralawlibrary
22 Id. at 12.cralawlibrary
23People v. Tamano, G.R. No. 188855, 8 December 2010, 637 SCRA 672, 685 citing People v. Macapal, Jr., 501 Phil. 675, 684 (2005).cralawlibrary
24People v. Tablang, G.R. No. 174859, 30 October 2009, 604 SCRA 757, 771 citing People v. Dela Paz, G.R. No. 177294, 19 February 2008, 546 SCRA 363, 382.cralawlibrary
25People v. Laurino, G.R. No. 199264, 24 October 2012, 684 SCRA 612, 620 citing People v. Arpon, G.R. No. 183563, 14 December 2011, 662 SCRA 506, 529 citing further People v. Tabio, G.R. No. 179477, 6 February 2008, 544 SCRA 156, 166.cralawlibrary
26People v. Monticalvo, G.R. No. 193507, 30 January 2013 citing People v. Maceda, 405 Phil. 698, 724-725 (2001).cralawlibrary
27 Section 3. Persons 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. 4103, otherwise known as the Indeterminate Sentence Law, as amended.cralawlibrary
28People v. Osma, Jr., G.R. No. 187734, 29 August 2012, 679 SCRA 428, 443.cralawlibrary
29People v. Vitero, G.R. No. 175327, 3 April 2013.