FIRST DIVISION
G.R. No. 214466, July 01, 2015
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANTONIO BALCUEVA Y BONDOCOY, Accused-Appellant.
R E S O L U T I O N
PERLAS-BERNABE, J.:
Before the Court is an ordinary appeal1 filed by accused-appellant Antonio Balcueva y Bondocoy (Balcueva) assailing the Decision2 dated April 30, 2014 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 05791, which affirmed the Decision3 dated September 11, 2012 of the Regional Trial Court of Quezon City, Branch 89 (RTC) in Crim. Case No. Q-07-145514 finding Balcueva guilty beyond reasonable doubt of the crime of Qualified Rape under the Revised Penal Code (RPC), as amended by Republic Act No. (RA) 8353,4 otherwise known as the "Anti-Rape Law of 1997."
That on or about the 15th day of February 2007, in Quezon City, Philippines, the said accused, did then and there, willfully, unlawfully and feloniously, with lewd design by means of force, threat and intimidation had carnal knowledge upon the person of [AAA], a minor fourteen (14) years of age, his daughter, against her will and without her consent, to her damage and prejudice.According to the prosecution, at around 2 o'clock in the afternoon of February 15, 2007, AAA just returned home from school and since Balcueva did not want her to leave the house, she decided to just take an afternoon nap. At that time, Balcueva asked AAA's siblings to leave the house and thereafter, approached AAA who was lying in bed, removed her shorts and underwear, and threatened to spank her if she told anybody about this incident. Balcueva then removed his shorts and underwear, mounted AAA, restrained her hands, and inserted his penis into her vagina. AAA resisted and even told Balcueva that she was having her menstruation, but Balcueva simply told her to keep quiet and that it was better as she will not get pregnant. While Balcueva was ravishing AAA, the latter's sister sought the help of their neighbor, who then peeped through a hole, interrupting Balcueva in his dastardly act. Thereafter, AAA's sister and their neighbor reported the incident to the barangay hall, which led to Balcueva's apprehension.7ChanRoblesVirtualawlibrary
Contrary to law.6
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Art. 266-A. Rape: When And How Committed. - Rape is committed -The elements of Qualified Rape under the foregoing provisions are as follows: (a) the victim is a female over 12 years but under 18 years of age; (b) 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; and (c) the offender has carnal knowledge of the victim either through force, threat or intimidation; or when she is deprived of reason or is otherwise unconscious; or by means of fraudulent machinations or grave abuse of authority.17ChanRoblesVirtualawlibrary
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat or intimidation;
x x x x
Art. 266-B. Penalty. - x x x.
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 (Emphases and underscoring supplied)
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Endnotes:
1 See Notice of Appeal dated May 27, 2014; rollo, pp. 19-20.
2 Id. at 2-18. Penned by Associate Justice Vicente S.E. Veloso with Associate Justices Jane Aurora C. Lantion and Nina G. Antonio-Valenzuela concurring.
3 CA rollo, pp. 16-24. Penned by Presiding Judge Cecilyn E. Burgos-Villavert.
4 Entitled "AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASS1FYING 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).
5 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 RA 7610, entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved June 17, 1992; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES," approved March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, known as the "Rule on Violence against Women and Their Children," effective November 15, 2004. (See footnote 4 in People v. Cadano, Jr., G.R. No. 207819, March 12, 2014, 719 SCRA 234, 237; citations omitted.)
6 CA rollo, p. 16.
7 See id. at 17-18.
8 See id. at 18.
9 Id. at 16-24.
10 See id. at 22-23.
11 See id. at 19-20.
12 Id. at 20-22.
13 See Brief for the Accused-Appellant dated July 2, 2013; id at 44-55.
14Rollo, pp. 2-18.
15 Id. at 17.
16 See Id. at 10-13.
17People v. Arcillas, 692 Phil. 40, 50 (2012).
18 See People v. Amistoso, G.R. No. 201447, January 9, 2013, 688 SCRA 376, 394, citing People v. Abulon, 557 Phil. 428, 447-448 (2007).
19People v. Rayon, Sr., G.R. No. 194236, January 30, 2013, 689 SCRA 745, 755, citing People v. Pandapatan, 549 Phil. 817, 838 (2007).
20 Id.
21 See People v. Gani, G.R. No. 195523, June 5, 2013, 697 SCRA 530, 540.
22 Sections 2 and 3 of RA 9346, entitled "AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES," state:
chanRoblesvirtualLawlibrarySEC. 2. In lieu of the death penalty, the following shall be imposed.23 See People v. Cataytay, G.R. No. 196315, October 22, 2014, citing People v. Lumaho, G.R. No. 208716, September 24, 2014, 736 SCRA 542, 555-556. See also People v. Gambao, G.R. No. 172707, October 1, 2013, 706 SCRA 508, 533.
(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; x x x
x x x x
SEC. 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.
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24 See People v. Cataytay, id., citing Roallos v. People, G.R. No. 198389, December 11, 2013, 712 SCRA 593, 608.cralawred