SECOND DIVISION
G.R. No. 244835, December 11, 2019
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, v. ABC,1 ACCUSED-APPELLANT.
D E C I S I O N
REYES, A., JR., J.:
It is said that the safest place in the world for a daughter is in her father's arms. Not in this case.
This is an appeal2 filed by accused-appellant ABC from the Decision3 dated September 27, 2018 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 09378, which affirmed the Judgment4 dated March 28, 2017 of the Regional Trial Court (RTC) of Quezon City, Branch 106 in Criminal Case Nos. R-QZN-14-07928-CR and R-QZN-14-07929-CR, convicting ABC guilty of the crimes of Acts of Lasciviousness under Article 336 and Rape under Article 266-A of the Revised Penal Code (RPC), as amended by Republic Act (R.A.) No. 8353.
Criminal Case No. R-QZN-14-07928-CR
That on or between April and May, 2011, in Quezon City, Philippines, the above-named accused, by means of force, threat and intimidation and exercising moral ascendancy over one[AAA],5 since he is her father, did then and there, willfully, unlawfully and feloniously commit an act of sexual abuse upon the said [AAA], his very own daughter and a minor 9 years of age, by then and there willfully, unlawfully and feloniously having carnal knowledge with the offended party, against her will and without her consent, to the damage and prejudice of the said offended party.
The crime described above is committed with the qualifying circumstances of relationship and minority for the accused is the father of the offend ed party who was minor, nine (9) years of age at the time.
CONTRARY TO LAW.6
Criminal Case No. R-QZN-14-07929-CR
That on or between January 13 and January 21, 2011, in Quezon City, Philippines, the above-named accused, by means of force, threat and intimidation and exercising moral ascendancy over one[AAA] , since he is her father, did then and there, willfully, unlawfully and feloniously commit an act of sexual abuse upon the said [AAA], his very own daughter and a minor 9 years of age, by then and there willfully, unlawfull y and feloniousl y having carnal knowledge with the offended party, against her will and without her consent, to the damage and prejudice of the said offended party.
The crime described above is committed with the qualifying circumstances of relationship and minority for the accused is the father of the offended party who was minor, nine (9) years of age at the time.
CONTRARY TO LAW.7
FINDINGS: GENERAL AND EXTRAGENITAL: PHYSICAL BUILT: -medium MENTAL STATUS: -coherent BREAST: -conial [sic] in shape/light brown ABDOMENT: -soft/flat PHYSICAL INJURIES: 1. Healing ecchymosis, right chest region,
measuring 3.0 x 4.0 em, 10 em from the anterior midline.2. Healing ecchymosis, left chest region,
measuring 5.0 x 3.0cm, 8cmGENITAL PUBIC HAIR: -absent LABIA MAJORA: -coaptated LABIA MINORA: -light brown/non-hypertrophied HYMEN: -presence of deep healed lacerations at 3 and 9
o'clock positions.POSTERIOR FOURCHETTE: -sharp EXTERNAL VAGINAL ORIFICE: -not assessed VAGINAL CANAL: -not assessed CERVIX: -not assessed
PERIURETHRAL AND VAGINAL SMEARS:-not assessed ANUS: -unremarkable CONCLUSION: Medical evaluation shows clear evidence of blunt penetrating trauma to the hymen.17
IN VIEW WHEREOF, judgment is hereby rendered finding accused [ABC] as follows:
1. In Criminal Case No. R-QZN-14-07928, accused is GUILTY of the crime of Acts of Lasciviousness under Article 336 of the Revised Penal Code and is sentenced to suffer the indeterminate penalty of 6 months of arresto mayor as minimum to 6 years of prision correccional as maximum and to pay private complainant the amount of PhP 20,000.00 as civil indemnity, PhP 30,000.00 as moral damages and PhP 10,000.00 as exemplary damages, with interest at the rate of 6% per annum from the date of finality of this Judgment until fully paid.
2. In Criminal Case No. R-QZN-14-07929, accused is GUILTY of the crime of Rape and is hereby sentenced to reclusion perpetua, without eligibility for parole and is likewise ordered to pay private complainant the amount of P100,000.00 as civil indemnity, P100,000.00 as moral damages and P100,000.00 as exemplary damages, with interest at the rate of 6% per annum from the date of finality of this Judgment until fully paid.
The period of the accused's preventive detention shall be credited in the service of his sentence.
SO ORDERED.23 (Emphasis in the original)
WHEREFORE, the instant appeal is hereby DENIED. The March 28, 2017 Judgment of the Regional Trial Court, Branch 106, Quezon City in Criminal Case No. R-QZN-14-07928-CR and R-QZN-14-07929-CR AFFIRMED with MODIFICATIONS. As modified in Criminal Case R QZN-14-07928-CR accused-appellant ABC is found guilty of Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5 (b) of Republic Act No. 7610 and sentenced to suffer the indeterminate penalty of fourteen (14) years and eight (8) months of reclusion temporal minimum, as minimum to seventeen (17) years and four (4) months of reclusion temporal medium, as maximum. He is further ordered to pay private complainant P20,000.00 civil indemnity, moral damages, exemplary damages, and fine, in the amount of P15,000.00 each, which shall earn 6% interest per annum from the date of finality of this Decision until fully paid. All other aspects of the assailed Judgment stand.Insisting on his innocence, ABC filed the instant appeal anchored on the following assigned errors:
SO ORDERED.30 (Emphasis in the original)
I
THE COURT A QUO GRAVELY ERRED IN FINDING THE ACCUSEDAPPELLANT GUILTY OF ACTS OF LASCIVIOUSNESS AND RAPE DESPITE THE PROSECUTION'S FAILURE TO ESTABLISH THAT THE SAME TRANSPIRED.II
THE COURT A OUO GRAVELY ERRED IN GIVING FULL WEIGHT AND CREDENCE TO THE PROSECUTION WITNESSES' HIGHLY INCONSISTENT, DUBIOUS AND INSUFFICIENT TESTIMONIES.31
ART. 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.x x x x
Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.The essential elements of Section 5 (b) are: (a) the accused commits the act of sexual intercourse or lascivious conduct; (b) the said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and, (c) the child whether male or female, is below 18 years of age.33 The imposable penalty is reclusion temporal in its medium period to reclusion perpetua, except that the penalty for lascivious conduct when the victim is under 12 years of age shall be reclusion temporal in its medium period.xxxx
(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and
xxxx
The credibility given by the trial court to AAA is an important aspect of evidence which the appellate court can rely on because of its unique opportunity to observe the witnesses, particularly their demeanor, conduct and attitude during the direct and cross-examination by counsel. There is no showing that the trial court judge overlooked, misunderstood, or misapplied some facts or circumstances of weight which would affect the result of the case, his assessment of credibility deserves this Court's highest respect.Moreover, in People v. Bandoquillo,44
It is settled that "when the decision hinges on the credibility of witnesses and their respective testimonies, the trial court's observations and conclusions deserve great respect and are often accorded finality" unless it is shown that the lower court had overlooked, misunderstood or misappreciated some fact or circumstance of weight which, if properly considered, would have altered the result of the case. "[This]rule finds an even more stringent application where said findings are sustained by the Court of Appeals."45 (Citations and emphasis omitted)The Court finds no reason to disturb the lower court's appreciation of the prosecution's witnesses' testimonies. The assessment of "the credibility of witnesses is a domain best left to the trial court judge because of his unique opportunity to observe their deportment and demeanor on the witness stand, a vantage point denied appellate courts x x x."46
The Indeterminate Sentence Law (ISL) provides that if the offense is punished under a special law, as in this case, the maximum term shall not exceed the maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the same. Nonetheless, the Court had already held in People v. Simon that when an offense is defined in a special law but the penalty therefor is taken from the technical nomenclature in the RPC, the legal effects under the system of penalties native to the Code would necessarily apply to the special law. Thus, in People v. Santos, which also involved a case of acts of lasciviousness under Sec. 5 (b), Art. III of RA 7610, the Court held that in the absence of mitigating or aggravating circumstances, the minimum term shall be taken from the penalty one degree lower to the prescribed penalty of reclusion temporal medium, that is reclusion temporal minimum, which ranges from twelve (12) years, ten (10) months and twenty-one (21) days to fourteen (14) years and eight (8) months, while the maximum shall be taken from the medium period of the imposable penalty, that is reclusion temporal medium, which ranges from fifteen (15) years, six (6) months and twenty (20) days to sixteen (16) years, five (5) months and nine (9) days.50 (Citations omitted)Given the presence of the alternative aggravating circumstance of relationship in the instant case the perpetrator being the father of AAA and without any mitigating circumstances to offset the same, the term of the sentence was properly imposed by the appellate court in its maximum period pursuant to Section 31 (c), Article XII of R. A. No. 7610 which provides:
Sec. 31. Common Penal Provisions. -As regards the award of damages, a modification must be made in view of the Court's ruling in People v. Tulagan.51 The awards of civil indemnity, moral and exemplary damages in favor of the offended pmiy are accordingly increased to fifty thousand pesos (P50,000.00) each. The fine of fifteen thousand (P15,000.00) previously awarded by the CA is sustained. All monetary awards shall earn a six percent (6%) legal interest from the date of the finality of this Decision until full payment.x x x x
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant, parent, guardian, step-parent or collateral relative within the second degree of consanguinity or affinity or a manager or owner of an establishment which has no license to operate or its license has expired or has been revoked ;x x x x (Emphasis supplied)
Endnotes:
1 At the victim's instance or, if the victim is a minor, that of his or her guardian, the complete name of the accused may be replaced by fictitious initials and his or her personal circumstances blotted out from the decision, resolution, or order if the name and personal circumstances of the accused may tend to establish or compromise the victims' identities, in accordance with Amended Administrative Circular No. 83-2015 (III[1] [c] dated September 5, 2017.
2 CA rollo, pp. 121 -122. See Notice of Appeal dated October 15, 2018.
3 Penned by Associate Justice Pedro B. Corales with Associate Justices Jane Aurora C. Lantion and Ronalda Roberto B. Martin, concurring; rollo, pp. 3-18.
4 Records, pp. 173-193.
5 The real name of the victim and of the members of her immediate family are withheld pursuant to Republic Act No. 7610 otherwise known as the "Special Protection of Children against Abuse, Exploitation and Discrimination Act" and A.M. No. 12-7-15-SC entitled "Protocols and Procedure in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions and Final Orders Using Fictitious Names."
6 Records, p. 2.
7 Id. at 4.
8 Id. at 52-54.
9 Id. at 77-78.
10 The mother of AAA; id. at 6.
11 The aunt of AAA; id.
12 The brother of AAA; records, p. 7.
13 Id. at 175.
14 Id.
15 Records, p. 175-176.
16 Id. at 157.
17 Id.
18 Records, p. 138-139.
19 Id. at 177, CA rollo; p. 109.
20 Records, p. 189.
21 Id.
22 Id.
23 Records, p. 193.
24 Id. at 199.
25 CA rollo, p. 113.
26 Id.
27 CA rollo, p. 113-114.
28 Id. at 117
29 Id. at 117-118.
30 Id. at 119.
31 Id. at 34.
32People v. Divinagracia, 814 Phil. 730, 748 (2017).
33People v. Dagsa, G.R. No. 219889, January 29, 2018, 853 SCRA 276, 294.
34 CA rollo, p. 40.
35 Id. at 43.
36 Id.
37 CA rollo, p. 45.
38 Id.
39People v. Alberca, 810 Phil. 896, 906 (2017).
40People v. Descartin, Jr., 810 Phil. 881, 892 (2017).
41People v. Tubillo, 811 Phil. 525 (2017).
42People v. Ganaba, G.R. No. 219240, April 4, 2018, 860 SCRA 578, 526.
43 G.R. No. 228260, June 10, 2019.
44 G.R. No. 218913, February 7, 2018, 855 SCRA 189.
45 Id. at 196-197.
46People v. Deliola, 794 Phil. 194, 208 (2016).
47People v. Dulay, 695 Phil. 742, 759 (2012).
48People v. Fontillas, 653 Phil. 406, 418 (2010), citing People v. Mendoza, 490 Phil. 737, 746-747 (2005).
49 817 Phil. 1008 (2017).
50 Id. at 1027-1028.
50 Id. at 196-197.
50People v. Dulay, 695 Phil. 742, 759 (2012).
50People v. Fontillas, 653 Phil. 406, 418 (2010).
51 G.R. No. 227363, March 12, 2019.