THIRD DIVISION
G.R. No. 234825, September 05, 2018
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. YYY, Accused-Appellant.
D E C I S I O N
GESMUNDO, J.:
On appeal is the Decision1 dated July 31, 2017, of the Court of Appeals (CA) in CA-G.R. CR HC No. 07664. The CA affirmed with modification the Decision2 dated April 22, 2014, of the Regional Trial Court of Tuguegarao City, Cagayan, Branch 4 (RTC) in Criminal Case Nos. 10648 and 10649, finding YYY3 (appellant) guilty of Rape and Qualified Rape, respectively.
During his arraignment, YYY pleaded "not guilty" and, thereafter, the cases were consolidated and jointly tried.Criminal Case No. 10648
That on or about March, 1993 and subsequent thereto, in the Municipality of [XXX],4 Province of Cagayan and within the jurisdiction of this Honorable Court, the said accused [YYY], father of the complainant, [AAA]5 a minor 15 years of age, thus have [sic] moral ascendancy over the aforesaid complainant, armed with soft broom, with lewd design and by use of force, threat and intimidation enter inside the room of the complainant, and once inside hit and struck complainant with the wooden handle of the soft broom which caused her to be unconscious and did, then and there, willfully, unlawfully, and feloniously have sexual intercourse with his own daughter, the herein complainant, [AAA]. a minor, 15 years of age. against her will.
Contrary to law.6Criminal Case No. 10649
That on or about November 14, 2001, and sometime prior thereto, in the Municipality of [XXX], Province of Cagayan and within the jurisdiction of this Honorable Court, the said accused [YYY], the father of the offended party, [AAA], thus have [sic] moral ascendancy over the complainant, with lewd design and by use of force, threat and intimidation. did, then and there, willfully, unlawfully, and feloniously have sexual intercourse with his own daughter, the herein complainant, [AAA], against her will.
Contrary to law.7
WHEREFORE, premises considered, the GUILT of accused [YYY] having been established beyond reasonable doubt, sentence is hereby pronounced against him as follows:Aggrieved, YYY appealed to the CA.The accused who is [a] detained prisoner is hereby credited in full of the period of this preventive imprisonment in accordance with Article 29 of the Revised Penal Code, as amended.
- In Criminal Case No. 10648, accused is held guilty beyond reasonable doubt of rape and is hereby sentenced to suffer the penalty of reclusion perpetua and is ordered to pay the offended party, [AAA], P50,000.00 by way of civil indemnity and P50,000.00 by way of moral damages;
- In Criminal Case No. 10649, accused is hereby held guilty beyond reasonable doubt of qualified rape and that, he is hereby sentenced to suffer the penalty of reclusion perpetua without eligibility for parole, and ordered to pay the private offended party civil indemnity in the amount of Seventy-Five Thousand Pesos (P75,000.00), moral damages also in the amount of Seventy-Five Thousand Pesos (P75,000.00), and exemplary damages in the amount of Thirty Thousand Pesos (P30,000.00);
SO ORDERED.8
WHEREFORE, the instant appeal is PARTLY GRANTED. The appealed Decision dated 22 April 2014 is hereby ordered MODIFIED as follows:Hence, this appeal assailing YYY 's conviction for the crime of qualified rape in Criminal Case No. 10648. He raises the following assignment of errors in his Brief for the Accused-Appellant:10
1. Appellant [YYY] is GUILTY of the crime of Qualified Rape in Criminal Case No. 10648 and is hereby sentenced to the penalty of reclusion perpetua without eligibility for parole. He is likewise ordered to pay AAA the following: civil indemnity of One Hundred Thousand Pesos (Php 100,000.00), moral damages of One Hundred Thousand Pesos (Php 100,000.00), and exemplary damages of One Hundred Thousand Pesos (Php 100,000.000);
2. Appellant [YYY] is ACQUITTED of the crime of Qualified Rape in Criminal Case No. 10649 for failure of the prosecution to prove his guilt beyond reasonable doubt.
All monetary awards for damages in Criminal Case No. 10648 shall earn interest at the legal rate of six (6%) per annum from date of finality of this Decision until fully paid.
SO ORDERED.9
In a Resolution12 dated December 11, 2017, the Court required the parties to submit their respective supplemental briefs, if they so desired. In his Manifestation in lieu of Supplemental Brief13 dated March 21, 2018, YYY manifested that he did not intend to file a supplemental brief, since all relevant issues were exhaustively discussed in his Appellant's Brief. In its Manifestation and Motion14 dated March 19, 2018, the Office of the Solicitor General stated that it had already discussed all relevant issues in its brief before the CA and asked that it be excused from filing its supplemental brief.I.
THE COURT A OUO GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT OF THE CRIMES CHARGED DESPITE PRIVATE COMPLAINANT'S LACK OF PERSONAL KNOWLEDGE OF THE ALLEGED INCIDENTS.II
THE COURT A QUO GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE DOUBTFUL IDENTITY OF THE ACTUAL CULPRIT.III.
THE COURT A QUO GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE UNCORROBORATED TESTIMONY OF THE PRIVATE COMPLAINANT.IV.
THE COURT A QUO GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE PROSECUTION'S FAILURE TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.11
SEC. 4. Circumstantial evidence, when sufficient. Circumstantial evidence is sufficient for conviction if:Here, there are several circumstantial evidence that would prove the carnal knowledge between AAA and appellant while the former was unconscious.
(a) There is more than one circumstance;
(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.
Second, after AAA lost consciousness, it was at that moment that appellant raped her. When AAA woke up, she felt pain in her hands and in her vagina, which are indicative that her father defiled her, viz.:
Pros. Geron: Q: [AAA], you said last time that when your father hit your head with a broom you lost consciousness, am I correct? A: I lost consciousness, sir.19 xxxx Pros. Geron: Q: [AAA], previously you said that you were raped by your father[YYY]? A: Yes, sir. Q: And you also said that the first time that you were raped by your father was when you were at the porch (biranda) of your house, am I correct? A: Yes, sir. Q: And you also said before that before raping you, your father hit your [head] with a broom which resulted to your [losing] of consciousness?20 xxxx Pros. Geron: Q: AAA you said previously that sometime in March 1993, you were hit by your father with a wood which prompted you to [lose] consciousness, am I right? A: Yes, sir.21
Third, after ravishing AAA, appellant also threatened her not to report the incident; otherwise he would kill her and her entire family, to wit:
Court: Q: Did you see your father when you regained consciousness? A: Yes, ma'am. xxxx Pros. Geron: Q: How about with your body, what did you observe? Atty. Enaman: We just put on record, your honor, that the witness could not immediately answer on the propound [ed] questions by the fiscal. A: I felt pain in my body, sir. Q: Where in particular? xxxx A: My hands, sir. Court: Q: Did you feel Eain in your vagina? A: Yes, ma'am.22
Fourth, after she woke up, AAA was able to positively identify appellant as the person who raped her, to wit:
Pros. Geron: Q: One of the persons who were in your house when you were raped for the first time was your father? A: Yes, sir. Q: And he was the same person who warned you that you should not report what he did to you otherwise he would kill you and the rest of your family? A: Yes, sir. Q: And the person who warned you is no other than your father [YYY]? A: Yes, sir. xxxx Q: And you lived with your father from the time you were born up to the time you were raped? A: Yes, sir. Q: And you were very familiar with the voice of your father? A: Yes, sir. Q: You said that you did not shout, why did you not shout? A: Because he told me that he will kill all of us, sir.23 (emphasis supplied )
Fifth the prosecution presented the Medico-Legal Report 25 of Dr. Lingan-Samangan regarding the medical examination of AAA. It stated that AAA had healed hymenal lacerations at the 4 & 7 o'clock positions and that her vagina admits a tip of a finger easily. Dr. Lingan-Sarnangan testified as follows:
Q: And at the time you slept, was there light at that time? A: It was put off, sir. Q: Now madam witness, [in] March 1993, you said that you have been molested by accused, will you agree with me that at the time when this incident happened, you have not seen the face of the accused because there was no light, am I right, madam witness? A: Yes, sir. Court: Q: But you knew that it was [YYY] who was there? A: Yes, ma'am. Q: How? A: Because of his height, ma'am. xxxx Court: Q: Did you hear the voice of [YYY] when he raped you? A: No, ma'am. Q: He did not tell you anything? A: He said that he will kill my mother and my brothers and sisters, ma'am. Q: So you recognized the voice of that male person? A: Yes, ma'am. Q: And you know it to be the voice of the accused? A: Yes, ma'am. 24 (emphases supplied )
On cross-examination, Dr. Lingan-Samangan testified that:
Pros. Geron: Q: Why do you classify the laceration as healed? A: The lacerations classified healed because there were no erosions or contusions noted at the hymen of the victim, sir. Q: What does that tell us? A: It tells us that the sexual abuse could have happened at least for a month or two, sir. Q: From the date of examination? A: Yes, sir. Q: And you also indicate [d] in your report that vagina admits tip of finger easily, what does that tell us, my good doctor? A: In my examination, vagina admits tip of finger easily what I mean here is upon insertion of my examining finger[,] there is laxity in the vagina canal of the patient, sir. Q: Considering the age, the physical structure of the patient, what does that indicate? A: The laxity in the vaginal canal in the medical parlance indicates that there were repeated sexual intercourse or sexual penetration in the body of the patient, sir .26 (emphasis supplied)
Thus, based on the medico-legal report, AAA suffered from repeated sexual intercourse and these incidents could have happened more than ten years before the examination on February 27, 2004. Consequently, the medical findings corroborate the conclusion that AAA was raped sometime in March 1993.
Q: Now Madam witness, you conducted your medico legal examination on February 27, 2004, isn't it? A: Yes, sir. Q: And you are sure Madam witness at the time you conducted the medico legal examination, the alleged sexual assault, if any, could have happened one or two months prior to the examination as stated in your direct examination? A: Yes, sir. Q: And therefore, you agree with me my good doctor as an expert, that the medico legal examination is not indicative of the fact that a sexual assault happened [in] March 1993 and [on] November 14, 2001 because the alleged hymenal laceration could have happened one or two months prior to the date of examination? A: Sir, what I said at least a month or two prior to the day, so it could be year or more. It could have been more than a year. Q: In short doctor, it could happen more than two years before the examination? A: It could be possible, sir. Q: It could have happen[ed] more than ten years before the examination? A: It could be possible, sir.27(emphasis supplied)
The combination of all these pieces of circumstantial evidence prove beyond reasonable doubt the crime of qualified rape. The Court is convinced that the testimony of AAA, who was merely fifteen (15) years old at the time of the rape incident, should be given full force and credence. Despite the taxing cross-examination, AAA's testimony regarding the incident of rape in March 1993 was consistent and definite. It is a well-settled rule that the testimonies of rape victims who are young and of tender age are credible. The revelation of an innocent child whose chastity was abused deserves full credence.28
- YYY hit her on the head to make her lose consciousness;
- While unconscious, YYY raped her; thus, AAA's vagina was in pain when she woke up;
- YYY threatened AAA not to report the incident; otherwise, he would kill her and her family;
- When she woke up, AAA positively identified YYY as the perpetrator because of his height and voice; and
- The medico-legal report corroborate that AAA had healed hymenal lacerations at the 4 & 7 o'clock positions and her vagina admits a tip of a finger easily, which indicate repeated sexual intercourse. It was also established that AAA could have been raped more than ten (10) years before the examination, which covers the March 1993 incident.
Endnotes:
* Additional member per Special Order No. 2588 dated August 28. 2018.
1 Rollo, pp. 2-20; penned by Associate Justice Marie Christine Azcarraga-Jacob with Associate Justice Normandie B. Pizarro and Associate Justice Danton Q. Bueser, concurring.
2 CA rollo, pp. 70-79; penned by Judge Pablo M. Agustin.
3 The complete names and personal circumstances of the victim's family members or relatives, who may be mentioned in the court's decision or resolution have been replaced with fictitious initials in conformity with Administrative Circular No. 83-2015 (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).
4 The city where the crime was committed is blotted to protect the identity of the rape victim pursuant to Administrative Circular No. 83-2015 issued on 27 July 2015.
5 The true name of the victim has been replaced with fictitious initials in conformity with Administrative Circular No. 83-2015 (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). The confidentiality of the identity of the victim is mandated by Republic Act (R.A.) No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act); R.A. No. 8505 (Rape Victim Assistance and Protection Act of 1998); R.A. No. 9208 (Anti-Trafficking in Persons Act of 2003); R.A. No. 9262 (Anti-Violence Against Women and Their Children Act of 2004); and R.A. No. 9344 (Juvenile Justice and Welfare Act of 2006).
6 Records (Crim. Case No. 10648), pp. 1-2.
7 Records (Crim. Case No. 10649), pp. 1-2.
8 CA rollo, pp. 78-79.
9 Rollo, pp. 19-20.
10 CA rollo, pp. 49-68.
11 Id. at 51-52.
12 Rollo, p. 26.
13 Id. at 36-38.
14 Id. at 32-34.
15 People v. Patentes. 726 Phil. 590, 599-600 (2014).
16 People v. Fabito, 603 Phil. 584, 600-601 (2009).
17 People v. Comboy, G.R. No. 218399. March 2, 2016,785 SCRA 512,522-523.
18 People v. Manson, G.R. No. 215341, November 28, 2016, 810 SCRA 551,559.
19 TSN, May 8, 2009, p. 1.
20 TSN, February 9, 2010, p. 1.
21 TSN. May 20, 2010, p. 2.
22 TSN, February 9, 2010, pp. 1-2.
23 TSN, October 25, 2011, p. 4
24 Id. at 2-3. 25 Records (Crim. Case No. 10648), p. 6.
26 TSN, October 4, 2007, p. 4.
27 Id. at 6-7.
28 People v. Baraga. 735 Phil. 466,472 (2014).
29 People v. Buenvinoto, 735 Phil. 724,735 (2014).
30 Id.
31 Id.
32 People v. Galido, 470 Phil. 345, 362 (2004).
33 Id.
34 Id.
35 People v. Amaro, 739 Phil. 170, 178 (2014).
36 People v. Manson, supra note 18 at 561.