SECOND DIVISION
G.R. No. 229348, November 19, 2018
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ORLANDO TAGLE Y ROQUETA @ "ALLAN," Accused-Appellant.
D E C I S I O N
PERLAS-BERNABE, J.:
Before the Court is an ordinary appeal1 filed by accused-appellant Orlando Tagle y Roqueta @ "Allan" (Tagle) assailing the Decision2 dated March 8, 2016 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 06620, which affirmed with modification the Decision3 dated November 15, 2013 of the Regional Trial Court of Las Piñas City, Branch 254 (RTC) in Crim. Case No. 07-0403, and found Tagle guilty beyond reasonable doubt of the crime of Rape, defined and penalized under Article 266-A, paragraph 1 (a) of the Revised Penal Code (RPC), as amended by Republic Act No. (RA) 8353,4 otherwise known as "The Anti-Rape Law of 1997."chanRoblesvirtualLawlibrary
That on or about the 6th day of May, 2007, in the City of Las Piñas, Philippines, and within the jurisdiction of this Honorable Court, the abovenamed and confederating together with one xxxxxxxxxxx a.k.a. "Patis", a seventeen (17) year old, minor, one a.k.a. "Jay-jay", a fifteen (15) year old, minor, one a.k.a. "Danny or Armond; one a.k.a. "Mayang, one a.k.a. "Rose", and one John Doe, whose true identities and present whereabouts are still unknown, and all of them mutually helping and aiding one another, acting with discernment, with lewd design, did then and there willfully, unlawfully and feloniously have carnal knowledge with one [AAA6], a thirteen (13) year old, minor, through force, threat and intimidation, by then and there pointing a knife, and against her will and consent and thereby each one of them subjected her to sexual abuse and that the act complained of is prejudicial to the physical and psychological development of the complainant-minor.The prosecution alleged that at around midnight of May 6, 2007, AAA was invited by her friend to get some clothes from a certain "Mata" at xxxxxxxxxxx , Las Piñas City. Upon arrival thereat, "Mata" invited AAA and her friend to join a drinking spree, and thereafter, brought them to an unlighted grassy area, where Tagle and four (4) other male individuals were drinking without any tables and chairs. The men offered AAA some beer and forced her to drink, but she poured the contents at her back when no one was looking. AAA's friend then momentarily left AAA with the group. After an hour, "Mata" and the four (4) male individuals held AAA. Tagle and the others undressed AAA. According to AAA, she tried to resist and run away, but she was boxed on her stomach and subsequently restrained. AAA claimed that while she was lying down, Tagle touched her breasts, removed her short pants, mounted her, and inserted his penis into her vagina. Meanwhile, the other five (5) male individuals did not do anything except watch Tagle rape AAA. When Tagle was finished having carnal knowledge of AAA, the other male individuals took turns in ravishing her as well. After the incident, they poked a knife at AAA and warned her not to report what happened to anyone or else something might happen to her family. At around two (2) o'clock in the morning, AAA's friend returned and found AAA crying at the grassy area. AAA then revealed to her friend that she was raped. Thereafter, she was brought to xxxxxxxxxxx Barangay Hall and then to the police station to report the incident. After narrating the incident, AAA, together with the police officers, proceeded to the situs criminis to look for her assailants, but they were nowhere to be found. They then went around xxxxxxxxxxx , where AAA saw and recognized Tagle eating balut. Accordingly, Tagle was arrested and brought to the police station. Meanwhile, on May 7, 2007, AAA, her mother, and their neighbor went to the Philippine National Police Crime Laboratory in Camp Crame, Quezon City, where AAA underwent a medico-legal examination. After examination, Dr. Joseph Palmero (Dr. Palmero) revealed that AAA suffered a deep-healed laceration at three (3) o'clock position, which was supposedly caused by blunt force or penetrating trauma. He also opined that the injuries sustained by AAA were consistent with the alleged incident of rape since a deeply healing laceration is a fresh laceration.8
CONTRARY TO LAW.7 (Underscoring supplied)
ART. 266-A. Rape, When and How Committed. - Rape is committed -For the successful prosecution of the crime of Rape by sexual intercourse under Article 266-A, paragraph 1 of the RPC, the prosecution must establish that: (a) the offender had carnal knowledge of a woman; and (b) he accomplished this act through force, threat or intimidation, or when the victim was deprived of reason pr otherwise unconscious, or by means of fraudulent machination or grave abuse of authority, or when the victim is under twelve (12) years of age or is demented.21 Essentially, the gravamen of Rape is sexual intercourse with a woman against her will.22
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:
ChanRoblesVirtualawlibrary
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or is otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority;
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 I of the next preceding article shall be punished by reclusion perpetua.
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
x x x x (Emphases and underscoring supplied)
The intimidations made by the appellant are sufficient since it instilled fear in her mind that if she would not submit to his bestial demands, something bad would befall her. "Well-settled is the rule that where the victim is threatened with bodily injury, as when the rapist is armed with a deadly weapon, such as a pistol, knife, ice pick or bolo, such constitutes intimidation sufficient to bring the victim to submission to the lustful desires of the rapist."28 (Emphasis and underscoring supplied)In this case, contrary to the finding of the CA that the rape was committed through force and intimidation given that Tagle threatened AAA with a knife and forced her to submit to his bestial designs, a close scrutiny of the records reveals that Tagle's act of threatening AAA with a knife actually happened after the commission of rape and not before or during the incident. Pertinently, the knife was not used to cause AAA to submit to Tagle's bestial designs, as in fact, it was only used to threaten her into silence, so she would not report the incident to anyone. AAA's testimony is enlightening on this matter:
Q: By the way, while this Orlando Tagle was inserting or touching your body, did you hear him say anything?The foregoing notwithstanding, in light of the fact that the prosecution duly established Tagle's employment of force and intimidation to accomplish his criminal desires and that this circumstance was properly alleged in the Information, his conviction for Rape is proper.
A: Nothing, Ma'am.
Q: How about the other five male personas? Did they utter anything?
A: Yes, Ma'am.
Q: What did they say?
A: I was told not to report the incident to anyone or else, something might happen to my family, Ma'am.
Q: While saying that, what did they do?
A: They were having fun, Ma'am.
Q: Did they threaten you with anything to make you be (sic) quiet?
A: Yes, Ma'am.
Q: What was that?
A: A knife was poked at me, Ma'am.
Q: What time was it poked on you? Was it before or after the rape was committed?
A: After the incident, Ma'am.29 (Emphasis and underscoring supplied)
Very truly yours, (SGD) MARIA LOURDES C. PERFECTO Division Clerk of Court By: TERESITA AQUINO TUAZON Deputy Division Clerk of Court |
Endnotes:
* Designated Additional Member per Special Order No. 2587 dated August 28, 2018.
1 See Notice of Appeal dated March 29, 2016; rollo, pp. 24-25.
2 Id. at 2-23. Penned by Associate Justice Leoncia Real-Dimagiba with Associate Justices Ramon R. Garcia and Jhosep Y. Lopez, concurring.
3 CA rollo, pp. 85-94. Penned by Presiding Judge Gloria Butay Aglugub.
4 Entitled "AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING 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 Dated May 9, 2007. CA rollo, pp. 95-96.
6 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 on 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 on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "Rule on Violence against Women and Their Children" (November 15, 2004). (See footnote 4 in People v. Cadano, Jr., 729 Phil. 576, 578 [2014], citing People v. Lomaque, 710 Phil. 338, 342 [2013]. See also Amended Administrative Circular No. 83-2015, entitled "PROTOCOLS AND PROCEDURES IN THE PROMULGATION, PUBLICATION, AND POSTING ON THE WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USING FICTITIOUS NAMES/PERSONAL CIRCUMSTANCES," dated September 5, 2017.)
7 Id. at 95.
8 See rollo, pp. 3-5.
9 See id. at 5-6.
10 CA rollo, pp. 85-94.
11 Id. at 94.
12 See id. at 90-93.
13 See Notice of Appeal dated January 16, 2014; id. at 57.
14Rollo, pp. 2-23.
15 Id. at 22.
16 See id. at 7-18.
17 See id. at 20.
18 See id. at 21-22.
19 See id. at 18.
20 See People v. Comboy, G.R. No. 218399, March 2, 2016, 785 SCRA 512, 521.
21 See People v. Bagamano, G.R. No. 222658, 1 August 17, 2016, citing People v. Hilarion, 722 Phil. 52, 55 (2013).
22People v. Comboy, supra note 19, at 522.
23People v. Arguta, 758 Phil. 594, 603 (2015).
24 See People v. Napiot, 370 Phil. 811, 822 (1999).
25 See People v. Condes, 659 Phil. 375, 398 (2011).
26People v. Arguta, supra note 22, at 602.
27 667 Phil. 664 (2011).
28 Id. at 676; citation omitted.
29Rollo, pp. 16-17.
30 See People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331, 382-383.
31 See People v. Inciong, 761 Phil. 561, 569 (2015).