SECOND DIVISION
G.R. No. 228822, June 19, 2019
PEOPLE OF THE PHILIPPINES, APPELLEE, v. CCC,1 APPELLANT.
D E C I S I O N
CARPIO, J.:
The prosecution presented as its first witness the Municipal Health Officer of Rural Health Unit of Romblon, Dr. Rowena R. Dianco (Dr. Dianco), who testified that on 19 March 2004 she conducted a physical and genital examination on AAA and observed that AAA's hymen was no longer intact and that it had been ruptured but healed. Dr. Dianco opined that the possible penetration had happened about a month prior. She also identified the Medico-Legal Certification dated 19 March 2004.Criminal Case No. 2566
That on or about the 7th day of January 2004, at around 10:00 o'clock in the evening, in x x x, province of Romblon, Philippines and within the jurisdiction of this Honorable Court, the said accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously had [sic] carnal knowledge of her [sic] own daughter, AAA, being then 12 years of age at the time of the rape incident, without her consent and against her will.
That the aggravating/qualifying circumstance that the above-named accused is the ascendant or the father of the victim, AAA, is attendant to this crime of rape.
Contrary to law.4Criminal Case No. 2567
That on or about the 9th day of January 2004, at around 10:00 o'clock in the evening, in x x x, province of Romblon, Philippines and within the jurisdiction of this Honorable Court, the said accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously had [sic] carnal knowledge of her [sic] own daughter, AAA, being then 12 years of age at the time of the rape incident, without her consent and against her will.
That the aggravating circumstance that the above-named accused is the ascendant or the father of the victim, AAA, is attendant to this crime of rape.
[Contrary to law].5Criminal Case No. 2568
That on or about the 27th day of January 2004, at around 11:00 o'clock in the evening, in x x x, province of Romblon, Philippines and within the jurisdiction of this Honorable Court, the said accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously had [sic] carnal knowledge of her [sic] own daughter, AAA, being then 12 years of age at the time of the rape incident, without her consent and against her will.
That the aggravating circumstance that the above-named accused is the ascendant or the father of the victim, AAA, is attendant to this crime of rape.
[Contrary to law].6Criminal Case No. 2569
That on or about the 3rd day of February 2004, at around 10:00 o'clock in the evening, in x x x, province of Romblon, Philippines and within the jurisdiction of this Honorable Court, the said accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously had [sic] carnal knowledge of her [sic] own daughter, AAA, being then 12 years of age at the time of the rape incident, without her consent and against her will.
That the aggravating circumstance that the above-named accused is the ascendant or the father of the victim, AAA, is attendant to this crime of rape.
[Contrary to law].7
When BBB found AAA, she confronted her daughter as to why she ran away from home. AAA revealed that she had been raped by CCC seven (7) times, the first incident happening during the wake of BBB's mother. AAA also revealed to BBB that CCC tied a piece of cloth around her mouth to prevent her from shouting and that he also threatened and overpowered her. BBB asked AAA if she wanted to file a criminal case against CCC. When AAA expressed her willingness to do so, they went to the police station and went to see Dr. Dianco.Front Page MAHAL KONG MAGULANG SANA MAUNAWAAN NINYO AKO KUNG ANo ang aking NARARAMDAMAN NAIS KO SANANG MALAMAN NINYO ANG SiNASABi KUnG MANYAK. YUN AY WALA NG iBA KUNDI x x x AY ANG WALA KUNGKWENTHIYANG AMA.Back Page
GINAWA NYA YON SA AKIN AY NG UMALIS KAYO Ni ONYOT 7 Bises NiYA iYON GINAWA SA Akin SIMULA NG NAMATAY SI LOLA.
Hang[g]ang dito nalang an[g] sulat kamay kung pangit: Good By[e]! MAMA I LOVE [YOU].8
Aggrieved by the decision of the RTC, CCC filed a Motion for Reconsideration on 26 November 2013 which was denied in a Consolidated Order dated 18 February 2014. CCC then appealed to the CA on 19 February 2014.IN CRIMINAL CASE NO. 2566
WHEREFORE, in view of the foregoing[,] the Court finds CCC, GUILTY beyond reasonable doubt of RAPE qualified by the special qualifying aggravating circumstance that the victim is under eighteen (18) years of age and the offender is her own father, and is sentenced to suffer the supreme penalty of DEATH, however, by operation of Republic Act No. 9346 that took effect on June 24, 2006, the same is hereby commuted or reduced to Reclusion Perpetua, without eligibility for parole and to pay the victim, AAA[,] the amount of P[h]p50,000.00 as civil indemnity, P[h]p75,000.00 as moral damages and P[h]p35,000.00 as exemplary damages.
SO ORDERED.IN CRIMINAL CASE NO. 2567
WHEREFORE, in view of the foregoing[,] the Court finds CCC, GUILTY beyond reasonable doubt of RAPE qualified by the special qualifying aggravating circumstance that the victim is under eighteen (18) years of age and the offender is her own father, and is sentenced to suffer the supreme penalty of DEATH, however, by operation of Republic Act No. 9346 that took effect on June 24, 2006, the same is hereby commuted or reduced to Reclusion Perpetua, without eligibility for parole and to pay the victim, AAA[,] the amount of P[h]p50,000.00 as civil indemnity, P[h]p75,000.00 as moral damages and P[h]p35,000.00 as exemplary damages.
SO ORDERED.IN CRIMINAL CASE NO. 2568
WHEREFORE, in view of the foregoing[,] the Court finds CCC, GUILTY beyond reasonable doubt of RAPE qualified by the special qualifying aggravating circumstance that the victim is under eighteen (18) years of age and the offender is her own father, and is sentenced to suffer the supreme penalty of DEATH, however, by operation of Republic Act No. 9346 that took effect on June 24, 2006, the same is hereby commuted or reduced to Reclusion Perpetua, without eligibility for parole and to pay the victim, AAA[,] the amount of P[h]p50,000.00 as civil indemnity, P[h]p75,000.00 as moral damages and P[h]p35,000.00 as exemplary damages.
SO ORDERED.IN CRIMINAL CASE NO. 2569
WHEREFORE, in view of the foregoing[,] the Court finds CCC, GUILTY beyond reasonable doubt of RAPE qualified by the special qualifying aggravating circumstance that the victim is under eighteen (18) years of age and the offender is her own father, and is sentenced to suffer the supreme penalty of DEATH, however, by operation of Republic Act No. 9346 that took effect on June 24, 2006, the same is hereby commuted or reduced to Reclusion Perpetua, without eligibility for parole and to pay the victim, AAA[,] the amount of P[h]p50,000.00 as civil indemnity, P[h]p75,000.00 as moral damages and P[h]p35,000.00 as exemplary damages.
SO ORDERED.9
WHEREFORE, premises considered, the instant Appeal filed by accused-appellant CCC is DENIED. The assailed Consolidated Decision dated August 20, 2013 of Branch 81, Regional Trial Court of Romblon, Romblon in Criminal Cases Nos. 2566, 2567, 2568 and 2569 entitled "People of the Philippines vs. CCC" finding accused-appellant CCC GUILTY beyond reasonable doubt of four (4) counts of qualified rape and sentencing him to suffer the penalty of reclusion perpetua for each count, without eligibility for parole, is AFFIRMED with MODIFICATION in that accused-appellant CCC is ordered to pay private complainant AAA the following amounts: (1) One Hundred Thousand Pesos (PhP100,000.00) as civil indemnity; (2) One Hundred Thousand Pesos (PhP100,000.00) as moral damages; and (3) One Hundred Thousand Pesos (PhP100,000.00) as exemplary damages for each count of qualified rape. Finally, interest at the legal rate of six percent (6%) per annum is imposed on all these damages from date of finality of this Decision until said amounts shall have been fully paid. Costs against accused-appellant CCC.While the CA did not appreciate the details divulged by AAA to BBB for being mere hearsay evidence, it still found CCC guilty of the crimes charged, based on personal knowledge of BBB, more specifically on her knowledge on the handwritten letter of AAA. The CA held that BBB was sufficiently familiar with her own daughter's penmanship, and she was able to identify the letter in open court. The letter clearly indicated that AAA was raped by her father even if the word "rape" was not used. Accusing her own father of being a "MANYAK" and "WALA KUNG [sic] KUWENT HIYANG AMA" clearly indicates that she had been raped - "7 Bises NiYA iYON GINAWA SA Akin SIMULA NG NAMATAY SI LOLA." Moreover, BBB's observation as to her daughter's and husband's change in behavior was still within her personal knowledge which she could testify on competently. Together with the testimony of Dr. Dianco finding healed injuries in AAA's vagina, the CA found that the totality of the evidence incontrovertibly proved the guilt of CCC in all counts of rape charged against him. While the incident happened seven times, he was only charged with four counts of rape. Finding that the qualifying circumstances - the relationship of AAA with CCC and the age of AAA - were sufficiently proven, the CA upheld the conviction for four counts of rape.
SO ORDERED.10
Article 266-A. Rape: When and How Committed. - Rape is committed:The elements of qualified rape are as follows: (1) sexual congress; (2) with a woman; (3) done by force, threat, or intimidation and without consent; (4) the victim is under eighteen years of age at the time of the rape; and (5) the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree of the victim, or the common-law spouse of the parent of the victim.13 The actual force, threat, or intimidation that is an element of rape under Article 266-A, paragraph (1) (a) is no longer required to be present because the moral and physical dominion of the father is sufficient to cow the victim into submission to his beastly desires.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.
x x x x
Article 266-B. Penalty. - 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 (Emphasis supplied)
Section 36. Testimony generally confined to personal knowledge; hearsay excluded. - A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules.A witness may not testify on what she merely learned, read, or heard from others because such testimony is considered hearsay and may not be received as proof of the truth of what she has learned, read, or heard.15 Thus, her testimony as to what AAA told her has no probative value for being merely hearsay.
Rule 130, Section 50. Opinion of ordinary witnesses. - The opinion of a witness for which proper basis is given, may be received in evidence regarding -The letter was left by AAA when she ran away from home sometime after the alleged incidents, which began on the wake of BBB's mother as referred to by AAA in the letter. BBB herself testified that she noticed a change in behavior in AAA:
(a) the identity of a person about whom he has adequate knowledge;
(b) a handwriting with which he has sufficient familiarity; and
(c) the mental sanity of a person with whom he is sufficiently acquainted.
The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person.16
Q- Before she ran away, did you notice of [sic] any extraordinary behavior or change of behavior?However, even if we admit and appreciate the testimony of BBB regarding AAA's change in behavior, it does not by itself prove the guilt of CCC. Likewise, the handwritten letter of AAA does not prove that CCC indeed raped his daughter. In the handwritten letter, AAA accuses her own father of being a "MANYAK" and that "7 Bises NIYA iYON GINAWA SA AKIN SIMULA NG NAMATAY SI LOLA." However, AAA never explained what her father did to her. Characterizing her father as a "manyak" does not automatically mean that he raped her, as it may pertain to other acts which are lascivious that do not necessarily constitute rape. Without proving the very acts that CCC did to AAA, we cannot uphold the conviction of CCC.
A- Yes, I noticed the change of behaviour [sic].
Q- What is that?
A- When I talk to her she is not answering me.
Q- What usually did you try to talk to her about?
A- Because she was studying that time a [sic] second high school and when I asked things to her, it takes time before she could answer.
Q- And what other changes, if any?
A- And she could not look straight to me, she was looking some where [sic] else as if she is not in her own sanity.17
Endnotes:
1 In accordance with Amended Administrative Circular No. 83-2015, the identities of the parties, records and court proceedings are kept confidential by replacing their names and other personal circumstances with fictitious initials, and by blotting out the specific geographical location that may disclose the identities of the victims.
2Rollo, pp. 2-23. Penned by Associate Justice Maria Elisa Sempio Diy, with Associate Justices Ramon M. Bato, Jr. and Manuel M. Barrios concurring.
3 CA rollo, pp. 18-29. Penned by Judge Designate Jose M. Madrid.
4 Id. at 11-12.
5 Id. at 18.
6 Id. at 18-19.
7 Id. at 19.
8 Id. at 25-26.
9 Id. at 27-29.
10Rollo, p. 22.
11 Id. at 24.
12 Republic Act No. 8353.
13People v. Palanay, 805 Phil. 116 (2017).
14People v. Pacayra, G.R. No. 216987, 5 June 2017, 825 SCRA 633, citing People v. Dalan, 736 Phil. 298 (2014).
15People v. Cataytay, 746 Phil. 185 (2014).
16 Revised Rules on Evidence.
17 CA rollo, p.l82, citing TSN, 13 June 2006, pp. 11-12.
18People v. Campuhan, 385 Phil. 912, 922 (2000).
19People v. Amarela and Racho, G.R. Nos. 225642-43, 17 January 2018.
20 Id.
21 Id.
22 Id.
23People v. Tionloc, 805 Phil. 907 (2017).