THIRD DIVISION
G.R. No. 207815, June 22, 2015
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSE SALVADOR A.K.A. "FELIX", Accused-Appellant.
D E C I S I O N
VILLARAMA, JR., J.:
[CRIM. CASE NO. 4112 FOR RAPE IN RELATION TO R.A. No. 7610:]Appellant was at the same time charged7 with the crime of acts of lasciviousness against CCC.
The undersigned Asst. Provincial Prosecutor, upon the sworn complaint of [BBB], a 15 years (sic) old minor, assisted by her sister [AAA], Ms. Celestina Abellera of the MSWD and PO2 Myra Novilla of the WCPD of the PNP, Dipaculao, Aurora, accuses Jose Salvador @ Felix of the crime of Rape in relation to R.A. 7610, committed as follows:
That sometimes (sic) July 2007 and even prior thereto, in their house at Brgy. [XXX], Dipaculao, Aurora and within the jurisdiction of this Honorable Court, the above named accused, with carnal lust, force (sic) [BBB] to have sexual intercourse with him by inserting his finger and sexual organ into her, taking advantage of the latter['s] weakness, minority and moral ascendancy over the victim, being her father, feloniously, criminally, unlawfully, illegally had carnal knowledge upon said [BBB], such bestial act may impaired (sic) or tend to be prejudicial to the development of the child victim.
CONTRARY TO LAW.
WHEREFORE, above premises considered, the Court hereby renders judgment as follows:On appeal, the CA affirmed with modification the RTC's July 22, 2011 Decision.20 The CA did not find any error in the RTC's appreciation of the facts and circumstances of the case since "exactness, detailedness and flawlessness [of] recollection"21 cannot be imposed on minor victims. Moreover, the CA stated that appellant's defense of denial cannot overcome BBB's affirmative and categorical declarations of his culpability. It, however, modified the penalty pursuant to Article 266-B22 of the RPC.SO ORDERED.19cralawlawlibrary
- For failure of the prosecution to establish the guilt of accused Jose Salvador @ "Felix", with the required quantum of evidence in Criminal Case No. 4113, the Court hereby ACQUITS him of the crime of Acts of Lasciviousness; and
- Finding accused JOSE SALVADOR @ "Felix" GUILTY beyond reasonable doubt in Criminal Case No. 4112 for RAPE defined under Article 266-A, paragraph 2 (sexual assault) and punished under 266-B of the Revised Penal Code, the Court hereby sentences him to suffer the indeterminate penalty of nine (9) years of prision mayor, as minimum, to fourteen (14) years and one (1) day to seventeen (17) years and four (4) months of reclusion temporal medium, as maximum, and to pay [BBB] the amount of [P]50,000.00 as civil indemnity, [P]50,000.00 as moral damages, and [P]25,000.00 as exemplary damages.
WHEREFORE, in light of the foregoing, the instant appeal is DENIED. The July 22, 2011 Joint Decision of the Regional Trial Court, Branch 96, Baler, Aurora in CRIM. CASE No. 4112, finding the herein appellant Jose Salvador a.k.a. "Felix" guilty beyond reasonable doubt of rape committed against [BBB], is hereby AFFIRMED with the MODIFICATIONS that the penalty to be imposed upon him must be reclusion perpetua with no eligibility of parole and the award of civil indemnity is increased to P75,000.00. No costs.Hence, this appeal.
SO ORDERED.23cralawlawlibrary
On cross-examination, BBB stated categorically what appellant had done to her. She recounted her experience:chanroblesvirtuallawlibrary
04. T: Maaari mo bang isalaysay ang buong pangyayari sa sinasabi mong panghahalay sa iyo ng iyong tatay na si JOSE SALVADOR @ FELIX. S: Ganito [po] yon, noong una binibiro-biro po ako ni tatay FELIX sa pamamagitan ng paghihihipo niya sa aking pepe (vagina) at suso (breast). Pagkatapos ay nagpapahilot na siya sa akin simula sa kamay hanggang sa katawan na nakabrief o nakashorts. Pagkatapos ay sinasabihan na niya ako na ipapasok na ang daliri niya sa ari ko at sabi ko ay hwag pero ipinasok na niya at umiiyak ako at nasaktan ako at hindi ko kaya. Pagkatapos ng ilang araw ay nagpahilot uli siya at doon na [nangyari] ang unang paghalay niya sa akin sa [loob] ng kwarto niya. Nasaktan ako at umiiyak ako at sinabi nya na huli na iyon. Pero naulit ng maraming beses sa tuwing hapon kapag nasa biyahe ang aking ina na si MARINA. Noong dumating ang aking ate na si [AAA] ay pinagtapat niya ako kung ano ang ginagawa ni Tatay FELIX sa akin ay nagsabi na ako sa kanya na ako ay hinahalay na ni tatay ng maraming beses.27
ATTY. TORREGOSAThe appellant's only defense was to deny that he had sexually abused his daughter. This Court has often stated that to be believed, denial must be buttressed by strong evidence of non-culpability otherwise, it is purely self-serving and without merit.29 Here, appellant interposes an extortion scheme masterminded by his eldest daughter, AAA. However, he did not present any evidence to support his contention. Thus, in the face of a categorical testimony by BBB, appellant's defense of denial must fail absent any evidence of his non-culpability.Can you recall how did he do that to you?
A He placed his finger into my vagina, Ma'am.
THE COURT:And thereafter, what else did he do to you?
A After that, no more, your Honor.
THE COURT:You mean to say, he did not place his penis into your vagina?
A Yes, Your Honor.
THE COURT:How come you said awhile ago, and in fact it was stated in your affidavit that at first, your father placed his fingers into your vagina and thereafter he raped you many times. When you said "hinalay", did he place his penis into your vagina? Tell us the truth?
A He did not insert his penis, but he just "itinutok" (pointed) his penis into my vagina, Your Honor.
THE COURT:You mean to say his penis was placed into your vagina although it was not inserted?
A Yes, Your Honor.28
Unlike rape by sexual intercourse, Article 266-B prescribes prision mayor as the penalty if found guilty of rape by sexual assault or reclusion temporal if there are qualifying circumstances present.ART. 266-A. Rape, When and How Committed. - Rape is committed -
x x x x
2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. (Emphasis supplied)
xxx when the offended parties are young and immature girls, as in this case, courts are inclined to lend credence to their version of what transpired, considering not only their relative vulnerability, but also the shame and embarrassment to which they would be exposed if the matter about which they testified were not true.35cralawlawlibraryHere, what was established by the testimony of BBB was that appellant inserted his finger in her vagina. By his act of inserting his finger in BBB's organ, the crime of rape by sexual assault has been consummated. The RTC and the CA therefore correctly ruled that appellant should be found guilty of rape as defined in Article 266-A, paragraph 2 of the RPC. Thus the fact that there were no injuries found in the medical exam deserves scant attention. As correctly stated by the RTC and the CA, the finding of any injury as yielded by the physical exam is not a requirement in rape cases.36
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:
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.
x x x x
Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.
x x x x
Reclusion temporal shall also be imposed if the rape is committed with any of the ten aggravating/qualifying circumstances mentioned in this article. (Emphasis supplied)
It is clear from Article 266-B that generally the penalty for rape through sexual assault is prision mayor. If qualifying circumstances have attended the crime and the same have been properly alleged in the information the penalty imposed would be increased to reclusion temporal.
In this case, the crime committed was rape through sexual assault. It having been established that BBB was under 18 years of age at the time of the crime and that appellant is her father, a qualifying circumstance, the proper penalty to be imposed should be reclusion temporal. We are, therefore, constrained to modify the penalty imposed by the CA since it imposed the penalty suited for the crime of qualified rape by sexual intercourse as opposed to qualified rape by sexual assault. In this respect, the penalty that must be imposed is an indeterminate penalty of nine (9) years of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum.
We also agree with the RTC and the CA that BBB is entitled to damages. Indeed, in People v. Buclao,37 we reiterated that in rape cases, the award of civil indemnity is mandatory upon proof of the commission of rape, whereas moral damages are automatically awarded without the need to prove mental and physical suffering and that exemplary damages are also imposed, as example for the public good and to protect minors from all forms of sexual abuse. However, to conform with current jurisprudence on the award of damages respecting the crime of qualified rape by sexual assault, we modify the award to BBB of P30,000.00 as civil indemnity upon the finding of the fact of rape, P30,000.00 as moral- damages automatically awarded in rape case without need of proof and P30,000.00 as exemplary damages.38
WHEREFORE, the appeal is DISMISSED for lack of merit. The January 9, 2013 Decision of the Court of Appeals in CA-G.R. CR No. 34484 is AFFIRMED with MODIFICATION. Appellant Jose Salvador a.k.a "Felix" is hereby found GUILTY beyond reasonable doubt of Rape under Article 266-A(2) of the Revised Penal Code, as amended by R.A. No. 8353, and is accordingly sentenced to suffer the indeterminate penalty of nine (9) years of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum, and to pay BBB P30,000.00 as civil indemnity, P30,000.00 as moral damages and P30,000.00 as exemplary damages.
With costs against the accused-appellant.
SO ORDERED.chanroblesvirtuallawlibrary
Velasco, JR., (Chairperson), Peralta, Bersamin,* and Reyes, JJ., concur.
Endnotes:
* Designated additional Member per Raffle dated October 22, 2014.
1 CA rollo, pp. 151-153.
2Rollo, pp. 2-13. Penned by Associate Justice Franchito N. Diamante with Associate Justices Celia C. Librea-Leagogo and Melchor Q. C. Sadang concurring.
3 REVISED PENAL CODE, Art. 266-A provides:
ART. 266-A. Rape, When and How Committed. - Rape is committed -
x x x x
2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
4 Pursuant to the Court's ruling in People v. Cabalquinto, 533 Phil. 703 (2006), Section 40, A.M. No. 04-10-11-SC, and Section 44, R.A. No. 9262 or the "Anti-Violence Against Women and Their Children Act of 2004," the victim's real name and personal circumstances or any other information tending to establish or compromise her identity as well as those of her immediate family are withheld.
5 Docketed as Crim. Case No. 4112.
6 Records (Crim. Case No. 4112), p. 1.
7 Docketed as Crim. Case No. 4113. The Information for the crime of acts of lasciviousness read:chanroblesvirtuallawlibraryCRIM. CASE NO. 4113 - FOR ACT OF LASCIVIOUSNESS IN RELATION TO R.A. 76108 July 8, 2010, records (Crim. Case No. 4112), p. 11; id. at 22.
The undersigned Asst. Provincial Prosecutor, upon the sworn complaint of [CCC], [a] 9 years (sic) old minor, assisted by her sister [AAA], Ms. Celestina Abellera, the MSWD Officer of Dipaculao and PO2 Myra Novilla, Women's and Children Protection Desk Officer of PNP Dipaculao, Aurora, accuses Jose Salvador @ Felix of the crime of act of lasciviousness in relation to R.A. No. 7610, committed as follows:
That sometime in July 2007 and even prior thereto, in the morning and afternoon of said date, at their house at Barangay [XXX], Dipaculao, Aurora, said accused, with lewd design, did then and there willfully and feloniously commit acts of lasciviousness upon the person of [CCC], by touching her sex organ, against her will, taking [advantage] of her tender age and their relationship being the father of the victim, such acts and condition may tend to be prejudicial to the child['s] normal development.
CONTRARY TO LAW. [Records (Crim. Case 4113), p. 1.]
9 BBB was 19 years old when she testified. TSN, January 26, 2011, p. 9.
10 Records (Crim. Case No. 4113), p. 11.
11 Id. at 77-78.
12 Id. at 4-6.
13 TSN, January 25, 2011, pp. 7-9.
14 Medical examination was conducted on July 11, 2007, 10:30 a.m. when AAA was 15 years old. Records (Crim. Case No. 4113), p. 10.
15 Id.
16 Id.
17 Id.
18 CA rollo, pp. 12-21. Penned by Presiding Judge Corazon D. Soluren.
19 Id. at 21.
20 Supra note 2.
21Rollo, p. 8.
22 REVISED PENAL CODE, Art. 266-B in part provides:chanroblesvirtuallawlibraryART. 266-B. Penalties. - x x x23Rollo, p. 12.
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:
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.
x x x x
24 See People v. Quintos, G.R. No. 199402, November 12, 2014, p. 7.
25People v. Laog, G.R. No. 178321, October 5, 2011, 658 SCRA 654, 665-666.
26 See Peoplev. Pareja, G.R. No. 202122, January 15, 2014, 714 SCRA 131, 151.
27 Records (Crim. Case No. 4113), p. 11.
28 TSN, January 26, 2011, p. 17.
29People v. Macapanas, 634 Phil. 125, 146 (2010).
30People v. Olaybar, 459 Phil. 114, 116 (2003).
31 See REVISED PENAL CODE, Article 266-B.
32People v. Soria, G.R. No. 179031, November 14, 2012, 685 SCRA 483, 499.
33 628 Phil. 124 (2010).
34 Id. at 135.
35 Id.
36 See People v. Castillo, G.R. No. 193666, February 19, 2014, 717 SCRA 113, 125-126.
37 G.R. No. 208173, June 11, 2014, p.10.
38 See People v. Castillo, supra note 36, at 135 and People v. Bonaagua, G.R. No. 188897, June 6, 2011, 650 SCRA 620, 643.