THIRD DIVISION
G.R. No. 228248, August 09, 2017
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROMEO DE GUZMAN Y DE CASTRO, Accused-Appellant.
R E S O L U T I O N
REYES, J.:
This is an appeal from the Decision1 of the Court of Appeals (CA) dated September 24, 2015 in CA-G.R. CR-HC No. 06284, which affirmed with modifications the Decision2 dated June 17, 2013 of the Regional Trial Court (RTC) of Las Piñas City, Branch 199, in Criminal Case Nos. 11-0539 and 11-0541 finding accused-appellant Romeo De Guzman y De Castro (De Guzman) guilty of two counts of Qualified Rape under Article 266-A, in relation to Article 266-B, of the Revised Penal Code (RPC).3
Two sets of Information were filed against De Guzman in which he pleaded not guilty to both charges.
Criminal Case No. 11-0539
"That sometime in year 2003, in the City of Las Piñas, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd designs, did then and there willfully, unlawfully and feloniously had carnal knowledge with AAA, an eight (8) year old minor, without her consent, by means of force, threat and intimidation, and by taking advantage of his moral ascendancy over her, he being her step-parent, thereby subjecting her to sexual abuse; the act complained of is prejudicial to the physical, psychological and moral development of the said minor, and which degrades or demeans her intrinsic worth and dignity as human being.
CONTRARY TO LAW." 4Criminal Case No. 11-0541
"That sometime between years 2006 to 2010, in the City of Las Piñas, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd designs, did then and there willfully, unlawfully and feloniously had carnal knowledge with AAA, a minor child between eleven (11) to fifteen (15) years old, without her consent, by means of force, threat and intimidation, and by taking advantage of his moral ascendancy over her, he being her step-parent, thereby subjecting her to sexual abuse; the act complained of is prejudicial to the physical, psychological and moral development of the said minor, and which degrades or demeans her intrinsic worth and dignity as human being.
CONTRARY TO LAW." 5
WHEREFORE, this court finds the accused ROMEO DE CASTRO DE GUZMAN, GUILTY beyond reasonable doubt of two (2) counts of Qualified Rape defined and penalized under Article 266-A par. 1 in relation to Article 266-B, par. 1 RPC as amended in relation to RA 7610 and hereby imposes the penalty of RECLUSION PERPETUA to EACH of the criminal information (Criminal Case No. 11-0539 and 11-0541) with the accessory penalty provided for by law.
While the offender is the stepfather of [AAA], the statutory penalty of Death is reduced to Reclusion Perpetua because the supreme penalty of death can no longer be imposed as the imposition of the same is now prohibited by law.
In line with the recent jurisprudence, [De Guzman] is directed to indemnify the victim AAA the amount of FIFTY THOUSAND PESOS (Php 50,000.00) as exemplary damages to EACH of the aforesaid cases. It is assumed that the victim of rape has suffered moral injuries entitling her to an award therefore.
With cost de oficio.
Let a copy of this Decision be furnished the parties.
SO ORDERED.12
WHEREFORE, the appeal is DENIED. The Decision dated 17 June 2013 of the [RTC] of Las Piñas City in Criminal Cases Nos. 11-0539 and 11-0541 finding the accused-appellant ROMEO DE GUZMAN y De Castro GUILTY beyond reasonable doubt of two (2) counts of Qualified Rape as defined and penalized under Article 266-A, in relation to Article 266-B, of the [RPC] is hereby AFFIRMED sentencing accused-appellant to suffer the penalty of reclusion perpetua, without eligibility of parole, with MODIFICATION ordering him to pay AAA the amounts of (a) Php100,000.000 as civil indemnity; (b) Php100,000.00 as moral damages; and (c) Php100,000.00 as exemplary damages, all with interest at the legal rate of six percent (6%) per annum on all monetary awards from the date of the finality of this Decision until fully paid.
SO ORDERED.14
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.
The rape is qualified under paragraph 1, Article 266-B15 of the same code if it was committed by the step-parent of the victim.
Being regarded as the "tatay," Barcela had gained such moral ascendancy over AAA and BBB that any resistance normally expected from girls their age could not have been put up by them. His moral ascendancy and influence over them substituted for actual physical violence and intimidation as an element of rape. This made them easy prey for his sexual advances. Barcela's moral and physical dominion of AAA and BBB are sufficient to cow them into submission to his beastly desires. No further proof is needed to show lack of consent of the victims to their own defilement. x x x.17 (Emphasis Ours)
Endnotes:
Designated additional Member per Raffle dated December 7, 2016 vice Associate Justice Francis H. Jardeleza.
1 Penned by Associate Justice Samuel H. Gaerlan, with Associate Justices Normandie B. Pizarro and Agnes Reyes-Carpio, concurring; CA rollo, pp. 114-128.
2 Penned by Presiding Judge Joselito DJ. Vibandor; id. at 50-68.
3 Republic Act No. 8353, otherwise known as "The Anti-Rape Law of 1997", approved on September 30, 1997.
4 CA rollo, pp. 50-51.
5 Id. at 51.
6 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 initial shall, instead, be used, in accordance with People v. Cabalquinto (533 Phil. 703 [2006]) and A.M. No. 04-11-09-SC dated September 19, 2006.
7 CA rollo, pp. 53-54.
8 Id. at 54-55.
9 Id. at 52-53
10 Id. at 55-57.
11 Id. at 57.
12 Id. at 67-68.
13 Id. at 114-128.
14 Id. at 127.
15 Art. 266-B. Penalties. - Rape under paragraph I 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.
16 734 Phil. 332 (2014).
17 Id. at 348.
18 People v. Nuyok, 759 Phil. 437, 448-449 (2015). (Italics Ours)
19 People v. Cuaycong, 718 Phil. 633, 645-646 (2013); People v. Padigos, 700 Phil. 368, 376 (2012).
20 Approved on June 24, 2006.
21People v. Colentava, 753 Phil. 361, 380 (2015); People v. Prodenciado, 749 Phil. 746, 768-770 (2014).
22 G.R. No. 202124, April 5, 2016, 788 SCRA 331.