SECOND DIVISION
G.R. No. 229836, July 17, 2019
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, v. XXXXXXXXXXX, ACCUSED-APPELLANT.
D E C I S I O N
LAZARO-JAVIER, J.:
That on or about (date of commission) in xxxxxxxxxxx, Danao City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused being a step-father of AAA, and by means of force and intimidation, as well as his moral ascendancy, did then and there willfully, unlawfully and feloniously have sexual intercourse with AAA, a virgin under 12 years of age against the latter's will.Additionally, in eleven (11) separate Informations docketed Criminal Case Nos. DNO-3435 through DNO-3445, appellant was indicted for simple rape. Again, except for the material dates, the Informations uniformly alleged:
CONTRARY TO LAW.2
That sometime in (date of commission) xxxxxxxxxxx, Danao City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, being a step-father of AAA, and by means of force and intimidation, and as well as his moral ascendancy, did then and there willfully, unlawfully and feloniously have sexual intercourse with AAA, a virgin over 12 years old but under 18 years of age against the latter's will.All fifty-three (53) cases got consolidated before the Regional Trial Court, Branch 25, Danao City, Cebu.
CONTRARY TO LAW.3
WHEREFORE, FOR ALL THE FOREGOING CONSIDERATIONS, this Court finds accused xxxxxxxxxxxxxxxxxx GUILTY of two (2) counts of statutory rape under Criminal Cases (sic) No. DNO-3393 and DNO-3394 and hereby sentences him to suffer the penalty of RECLUSION PERPETUA under paragraph 3, Article 335 of the Revised Penal Code, as amended by R.A. 7659 for each of the two (2) counts of rape committed.
The accused is hereby directed to pay the victim the amount of P50,000.00 as civil indemnity ex delicto and the amount of P50,000.00 as moral damages, conformably to current jurisprudence for each of the two (2) crimes of rape committed.
For lack of proof beyond reasonable doubt, accused xxxxxxxxxxx is hereby ACQUITTED of the charges against him in Criminal Cases (sic) No. DNO-3395 through DNO-3445.
SO ORDERED.15
WHEREFORE, premises considered, the instant appeal is DENIED. The assailed 28 May 2012 Decision of the Regional Trial Court, Branch 25, of Danao City is AFFIRMED WITH THE MODIFICATIONS that:
(1) Accused-appellant is hereby ordered to pay AAA PhP30,000.00 as exemplary damages for each count of Statutory Rape; and
(2) All monetary awards for damages shall earn interest at the legal rate of 6% per annum from the date of finality of this Decision until fully paid.
SO ORDERED.19
Q: Can you describe before this court what are you referring to us he was molesting you while you were still young?AAA recounted that sometime in 1999 appellant woke her up, undressed her, and proceeded to touch and kiss her. He made her touch his penis then inserted it in her vagina. She was so scared when appellant was about to penetrate her vagina. She endured the pain in her vagina because appellant was inside her for a long time. She spoke of appellant's carnal knowledge of her when she was only eight (8) years old.
A: I was still in grade one, eight years old.
Q: The question is what did he do when you said he was molesting you?
A: I was sleeping at that time and he removed my panty.
Q: Can you still recall what date wherein you were first molested by your stepfather?
A: What I can remember is that I was still eight years old at that time.
Q: Now you said you were born in the year 1991, will you please add eight years to 1991 and inform this court what is the year?
A: 1999.x x x
Q: Can you still remember the exact time by which you were molested the first time in the year 1999?x x x
A: Perhaps it's 2:00 o'clock in the afternoon because at 5:00 o'clock my mother would arrive.
Q: Now, aside from undressing yourself during that time, what else did accused xxxxxxxxxxx do?
A: That's then he kissed me and touched me.
Q: Aside from those things, what else did he do?
A: That's then he raped or molested me.x x x
Q: Can you tell the court and elaborate what do you mean by he raped you?
A: He caused me to touch his sex organ.
Q: Aside from that what other else did he do?
A: He inserted his penis into my vagina.
Q: What have you felt when his penis was inserted in your vagina?
A: Pain.
Q: For how long in terms of minutes did he insert his penis into your vagina?
A: For a long time.
Q: Can you estimate before this court that long time you are mentioning?
A: Around one hour.
Q: During that one hour period, what have you felt when he was then in the act of inserting his penis in your womanhood?
A: I was afraid.
Q: Aside from fear, what other else have you felt?
A: Pain.
Q: What part of your body have you felt pain?
A: My vagina sir.22
Q: Now, going back to those rape instances, now after the first incident in the year 1999, can you still recall how many days had elapsed before the second rape incident happened?AAA stated that the second rape incident happened three (3) days after the first. She said appellant did the same things to her. As in the first, she was scared and felt pain when appellant entered her. She specifically said appellant "inserted his penis (in) my organ."
A: Around three days later.
Q: And what have you felt when that second incident happened?
A: I was then sick.
Q: The question is what have you feel (sic) when the second rape happened?
A: I was also afraid sir.
Q: And again describe before this court of what do you mean you were rape (sic) the second time, what action did he do towards you?
A: The same thing happened sir he inserted his penis (in) my organ.
Q: What have you felt when that organ of him was placed inside to (sic) your organ?
A: I felt also pain sir.23
The argument is specious. An information is intended to inform an accused of the accusations against him in order that he could adequately prepare his defense. Verily, an accused cannot be convicted of an offense unless it is clearly charged in the complaint or information. Thus, to ensure that the constitutional right of the accused to be informed of the nature and cause of the accusation against him is not violated, the information should state the name of the accused; the designation given to the offense by the statute; a statement of the acts or omissions so complained of as constituting the offense; the name of the offended party; the approximate time and date of the commission of the offense; and the place where the offense has been committed. Further, it must embody the essential elements of the crime charged by setting forth the facts and circumstances that have a bearing on the culpability and liability of the accused, so that he can properly prepare for and undertake his defense.More, AAA was physically examined twice: first by a doctor at Danao General Hospital, and second by Dr. Liwayway Reyes of VSMMC. Dr. Reyes found that AAA sustained deep notches at 3, 7, 10, and 12 o'clock positions. Medical expert Dr. Naomi Poca of VSMMC testified that a finding of 7 o'clock notch is suggestive of an injury caused by a blunt instrument. Dr. Poca further opined that if the subject had no history of operation or accident, said notch could have been caused by sexual abuse.31
However, it is not necessary for the information to allege the date and time of the commission of the crime with exactitude unless time is an essential ingredient of the offense. In People v. Bugayong, the Court held that when the time given in the information is not the essence of the offense, the time need not be proven as alleged; and that the complaint will be sustained if the proof shows that the offense was committed at any time within the period of the statute of limitations and before the commencement of the action. (Emphasis supplied)
In order to remove any confusion that may be engendered by the foregoing cases, we hereby set the following guidelines in appreciating age, either as an element of the crime or as a qualifying circumstance.On the basis of Pruna, we hold that AAA's testimony on her date of birth and the unauthenticated photocopy of her birth certificate do not constitute sufficient proof of her exact age during the two rape incidents. In People v. Lastrollo,39 the victim's testimony on her age was considered insufficient since it was not clearly and expressly admitted by the accused, as in this case. Also, in People v. Belen,40 a photocopy of the victim's birth certificate was not accorded probative weight.
1. The best evidence to prove the age of the offended party is an original or certified true copy of the certificate of live birth of such party.
2. In the absence of a certificate of live birth, similar authentic documents such as baptismal certificate and school records which show the date of birth of the victim would suffice to prove age.
3. If the certificate of live birth or authentic document is shown to have been lost or destroyed or otherwise unavailable, the testimony, if clear and credible, of the victim's mother or a member of the family either by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the offended party pursuant to Section 40, Rule 130 of the Rules on Evidence shall be sufficient under the following circumstances:a. If the victim is alleged to be below 3 years of age and what is sought to be proved is that she is less than 7 years old;b. If the victim is alleged to be below 7 years of age and what is sought to be proved is that she is less than 12 years old;c. If the victim is alleged to be below 12 years of age and what is sought to be proved is that she is less than 18 years old.4. In the absence of a certificate of live birth, authentic document, or the testimony of the victim's mother or relatives concerning the victim's age, the complainant's testimony will suffice provided that it is expressly and clearly admitted by the accused.
5. It is the prosecution that has the burden of proving the age of the offended party. The failure of the accused to object to the testimonial evidence regarding age shall not be taken against him.
6. The trial court should always make a categorical finding as to the age of the victim.
Article 266-A. Rape: When And How Committed. - Rape is committed:
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.
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.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
Endnotes:
1 Penned by Associate Justice Gabriel T. Robeniol with the concurrence of Associate Justices Pamela Ann Abella Maxino and Pablito A. Perez, all members of the Twentieth Division, CA rollo, pp. 86-101.
2 CA rollo, p. 42.
3Id. at 43.
4Id.
5Id. at 88.
6Id.
7 RTC Record for Crim. Case No. DNO-3393, p. 1.
"That on or about January 4, 2000 in xxxxxxxxxxx, Danao City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, being a step-father of AAA, and by means of force and intimidation, as well as his moral ascendancy, did then and there willfully, unlawfully and feloniously have sexual intercourse with AAA, a virgin under 12 years of age against the latter's will."
CONTRARY TO LAW.
8 CA rollo, p. 89.
9 RTC Record for Crim. Case No. DNO-3394, p. 1.
"That sometime in the month of February, 2000 in xxxxxxxxxxx, Danao City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, being a step-father of AAA, and by means of force and intimidation, as well as his moral ascendancy, did then and there willfully, unlawfully and feloniously have sexual intercourse with AAA, a virgin under 12 years of age against the latter's will."
CONTRARY TO LAW.
10 CA rollo, p. 89.
11Id.
12Id. at 89-90.
13Id. at 90.
14Id. at 42-53.
15Id. at 53.
16Id. at 21-41.
17Id. at 64-77.
18Id. at 86-101.
19Id. at 100.
20Rollo, pp. 31-35.
21Id. at 27-29.
22 TSN, June 13, 2011, pp. 8-11.
23Id. at 16-17.
24 666 Phil. 565, 588-589 (2011).
25 See People v. Ronquillo, 840 SCRA 405, 414 (2017).
26People v. Daco, 589 Phil. 335, 348 (2008).
27People v. Gonzales, Jr., 781 Phil. 149, 156 (2016).
28People v. Pareja, 724 Phil. 759, 774 (2014).
29People v. Nuyok, 759 Phil. 437, 448 (2015).
30 574 Phil. 175, 188-189 (2008).
31 CA rollo, p. 90.
32People v. Lumaho, 744 Phil. 233, 243 (2014).
33People v. Glino, 564 Phil. 396, 419-420 (2007).
34People v. Amistoso, 701 Phil. 345, 361 (2013).
35People v. Cadano, Jr., 729 Phil. 576, 584-585 (2014).
36 TSN, June 13, 2011, p. 6.
37 Folder of Exhibits, p. 5.
38 439 Phil. 440, 470-471 (2002).
39 798 Phil. 103, 120 (2016).
40 803 Phil. 751 , 772 (2017).41 See People v. Arcillas, 692 Phil. 40, 52 (2012).
42People v. Jugueta, 783 Phil. 806, 848 (2016):
x x x
II. For Simple Rape/Qualified Rape:
1.1 Where the penalty imposed is Death but reduced to reclusion perpetua because of RA 9346:
Civil indemnity - P100,000.00
Moral damages - P100,000.00
Exemplary damages - P100,000.00