SECOND DIVISION
G.R. No. 230222, June 22, 2020
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. VVV,* ACCUSED-APPELLANT.
D E C I S I O N
INTING, J.:
Assailed in this ordinary appeal is the Decision1 dated August 4, 2016 of the Court of Appeals (CA) in CA-G.R. CR No. 37242 affirming with modification the Judgment2 dated September 26, 2014 of Branch 18, Regional Trial Court (RTC), xxxxxxxx Isabela in Criminal Case No. 5412. In the RTC Judgment, VVV (accused-appellant) was found guilty beyond reasonable doubt of Rape through sexual assault under paragraph 2, Article 266-A of the Revised Penal Code (RPC), as amended. In the assailed CA Decision, accused-appellant's conviction under paragraph 2, Article 266-A of the RPC was upheld; however, he was additionally found guilty of Rape through carnal knowledge under paragraph 1(a) of the same Article.
That on or about the 10th day of June, 2010, in the municipality of xxxxxxxx, province of Isabela, Philippines and within the jurisdiction of this Honorable Court, the said accused with lewd, designs, and by means of force and intimidation, did then and there, willfully, unlawfully and feloniously, lay with, and have carnal knowledge with his own daughter [AAA], who is a minor of 15 years old, by then and there inserting his finger in her private parts, against her will and consent.On arraignment, accused-appellant pleaded not guilty.5 Pre-trial and trial on the merits ensued.
With the aggravating circumstances that the [victim] is a minor below 18 years old and that the accused is the father of the victim.
CONTRARY TO LAW.4
WHEREFORE, premises considered, this Court AFFIRMS with MODIFICATION the Judgment dated September 26, 2014 of the Regional Trial Court (RTC) of Ilagan City, Isabela.Hence, the present appeal. Per the Court's Resolution19 dated August 7, 2017, both parties manifested that they would no longer file a supplemental brief before the Court.
For rape through carnal knowledge/sexual assault under Art. 266-A paragraph 1(a) of the Revised Penal Code (RPC), accused-appellant is hereby sentenced to suffer the penalty of reclusion perpetua without eligibility for parole, and to pay AAA the amount of P100,000 as civil indemnity, P100,000 as moral damages, and P100,000 as exemplary damages.
For rape through sexual assault under Art. 266-A, paragraph 2 of the Revised Penal Code (RPC), accused-appellant is sentenced to an indeterminate penalty of ten (10) years of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum, and to pay AAA the amount of P30,000 as civil indemnity, P30,000 as moral damages, and P30,000 as exemplary damages.
Accused-appellant is likewise ordered to pay interest on all damages at the legal rate of 6% per annum from the date of finality of this decision until full payment.
SO ORDERED.18
I
THE TRIAL COURT GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT OF RAPE THROUGH SEXUAL ASSAULT, DESPITE THE UNRELIABILITY OF THE PROSECUTION WITNESSES' TESTIMONIES.II
THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THAT THE PHYSICAL EVIDENCE PROVES OTHERWISE.20
ART. 266-A. Rape, When And How Committed. — Rape is committed —The Court upholds the CA's finding that accused-appellant is guilty of the two offenses charged in the Information. Thus, accused-appellant's conviction for Rape through carnal knowledge under paragraph 1(a), Article 266-A [in relation to Article 266-B]25 of the RPC is affirmed. With respect to the finding of Rape through sexual assault under paragraph 2 of Article 266-A, however, there is a need to modify the nomenclature of the crime, its corresponding penalty, and the award of damages. This is in light of the fact that AAA was only 15 years old at the time of the incident.
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;
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.
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 following account, reveals that accused-appellant is guilty both of Rape through carnal knowledge under paragraph 1(a), Article 266-A of the RPC and of Lascivious Conduct under Section 5(b), Article III of RA 7610: ChanRoblesVirtualawlibrary
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:x x x x
(b) Those who commit the act of sexual intercourse of 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[.]
Accused-appellant's act of inserting his penis into AAA's vagina through force and intimidation constitutes Rape through carnal knowledge under paragraph 1(a), Article 266-A of the RPC. Moreover, accused-appellant's acts of intentionally holding AAA's vagina and inserting into it his right forefinger plainly constitute sexual abuse and lascivious conduct as defined in the Implementing Rules and Regulations of RA 7610, known as the "Rules and Regulations on the Reporting and Investigation of Child Abuse Cases," which pertinently provide: ChanRoblesVirtualawlibrary
Q Miss Witness, during the last time, you said that your father told you to enter the room because he wanted you to massage him, is that correct? A Yes, sir. Q And then, when you entered, you saw him sitting down and then he stood up and made you lie on the bed, is that correct? A Yes, sir. Q And you said that he started mashing your breast and afterwhich, he placed his hand under your short pants and took hold of your vagina? A Yes, sir. Q And after he placed his hand under your shorts and took hold of your vagina, what did he do next? A He placed his hand on top of my vagina, sir. Q Afterwhich, what did he do next? A He inserted his finger into my vagina, sir. Q Do you know how many fingers did he insert in your vagina? A Only one, sir. Q And when his finger was inserted into your vagina, what did he do next? A He inserted it in a push and pull motion. Q How long did he do that? A Three (3) minutes, sir. Q After three (3) minutes, what did he do next? A He made me hold his penis, sir. Q How did he make you do that? A He pulled my hand and placed it in his penis, sir. COURT: Q Which hand? A My right hand, sir. Q May I interrupt, regarding the insertion...so he made his right hand in that act of inserting then which part of the hand? which finger did he use? A Forefinger, sir. PROS. ERESE: Q How long did he make you hold his penis? A Five (5) minutes, sir. Q By the way, Miss Witness, when he made you hold his penis, did he say anything? A Yes, sir. Q What was it? A He told me not to make any report to anyone, sir. Q Anything more? A He will maul me and kick me if I will make a report, sir. x x x Q Did he tell you anything about what to do with his penis when you were holding it? A Yes, sir. Q What did he say? Can you still remember what he made you do with his penis? A None, sir. Q After holding his penis for about five minutes, what happened next? A He inserted his penis into my vagina. x x x Q When he inserted his penis inside your vagina, were you still wearing your shorts? A No more, sir. Q And who took your shorts off? A My father, sir. Q And when he inserted his penis inside your vagina, what were your relative positions? A We were lying down, sir.29 (Italics supplied.)
Section 2. Definition of Terms. — As used in these Rules, unless the context requires otherwise —In Quimvel v. People,30 the Court ruled that "force and intimidation" is subsumed under "coercion and influence" and these terms are used almost synonymously, viz.: ChanRoblesVirtualawlibrary
x x x x
(g) "Sexual abuse" includes the employment, use, persuasion, inducement, enticement or coercion of a child to engage in, or assist another person to engage in, sexual intercourse or lascivious conduct or the molestation, prostitution, or incest with children; (h) "Lascivious conduct" means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person[.] (Italics supplied.)
The term "coercion and influence" as appearing in the law is broad enough to cover "force and intimidation" as used in the Information. To be sure, Black's Law Dictionary defines "coercion" as "compulsion; force; duress" while "[undue] influence" is defined as "persuasion carried to the point of overpowering the will." On the other hand, "force" refers to "constraining power, compulsion; strength directed to an end" while jurisprudence defines "intimidation" as "unlawful coercion; extortion; duress; putting in fear." As can be gleaned, the terms are used almost synonymously. It is then of no moment that the terminologies employed by RA 7610 and by the Information are different.31As can be gleaned from the testimony of AAA, accused-appellant, her own father, employed force, intimidation, coercion, and influence upon her. He threatened to maul and kick her if she would make a report about what happened.32 Also, he was holding a balisong (knife) in his left hand throughout the molestation.33
Evidently, no woman, least of all a child, would concoct a story of defloration, allow examination of her private parts and subject herself to public trial or ridicule if she has not, in truth, been a victim of rape and impelled to seek justice for the wrong done to her being. It is settled jurisprudence that testimonies of child-victims are given full weight and credit, since when a woman or a girl-child says that she has been raped, she says in effect all that is necessary to show that rape was indeed committed.41The Court is also not swayed by accused-appellant's insistence that the testimonies of the prosecution witnesses are unreliable.
The absence of any superficial abrasion or contusion on the person of the offended party does not militate against the claim of the latter whose clear and candid testimony bears the badges of truth, honesty, and candor. It must be stressed that the absence or presence of visible signs of injury on the victim depends on the degree of force employed by the accused to consummate the purpose which he had in mind to have carnal knowledge with the offended woman. Thus, the force employed in rape need not be so great nor of such a character as could not be resisted. It is only that the force used by the accused is sufficient to enable him to consummate his purpose.56 (Italics in the original.)In sum, the Court holds accused-appellant guilty of both Rape under paragraph 1(a), Article 266-A, in relation to Article 266-B, of the RPC and Lascivious Conduct under Section 5(b), Article III of RA 7610.
Endnotes:
* The identity of the victim or any information to establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. (RA) 7610, "An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation and For Other Purposes;" RA 9262, "An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and For Other Purposes;" Section 40 of Administrative Matter No. 04-10-11-SC, known as the "Rule on Violence against Women and Their Children," effective November 15, 2004; People v. Cabalquinto, 533 Phil. 703 (2006); and Amended Administrative Circular No. 83-2015 dated September 5, 2017, 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.
** Designated as additional member as per Special Order No. 2780 dated May 11, 2020; on leave.
1Rollo, pp. 2-15; penned by Associate Justice Rosmari D. Carandang (now a member of the Court) with Associate Justices Mario V. Lopez (now a member of the Court) and Myra V. Garcia-Fernandez, concurring.
2 CA rollo, pp. 37-52; penned by Presiding Judge Rodolfo B. Dizon.
3 Records, pp. 1-2.
4Id. at 1.
5 See Order dated July 5, 2010, id. at 15.
6Rollo, p. 4.
7Id.
8Id. at 5.
9 TSN, August 27, 2013, pp. 6-8.
10Id.
11 TSN, December 16, 2013, pp. 15-18.
12Id. at 18.
13Id. at 19.
14 CA rollo, pp. 37-52.
15Rollo, p. 7
16Id.
17Id. at 2-15.
18Id. at 14-15.
19Id. at 33-34.
20 CA rollo, p. 22.
21 Records, pp. 1-2.
22 Section 3, Rule 117 of the Rules of Court provides:
SEC. 3. Grounds. — The accused may move to quash the complaint or information on tiny of the following grounds:
x x x x
(f) That more than one offense is charged except when a single punishment for various offenses is prescribed by law.
x x x x
23 Section 9, Rule 117 of the Revised Rules of Criminal Procedure provides:
SEC. 9. Failure to move to quash or to allege any ground therefor. — The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint or information, either because he did not file a motion to quash or failed to allege the same in said motion, shall be deemed a waiver of any objections except those based on the grounds provided for in paragraphs (a), (b), (g), and (i) of Section 3 of this Rule.
24 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.
25 Article 266-B of the Revised Penal Code pertinently provides:
Article 266-B. Penalties. — 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
26 G.R. No. 227363, March 12, 2019.
27Id.
28 Entitled "An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation and For Other Purposes," approved on June 17, 1992.
29 TSN, August 13, 2012, pp. 3-7.
30 808 Phil. 889 (2017).
31Id. at 919. Citations omitted
32 TSN, August 13, 2012, p. 6.
33 TSN, January 7, 2013, p. 9.
34Supra note 27.
35Id.
36Ramilo v. People, G.R. No. 234841, June 3, 2019.
37 Records p. 10.
38People v. Zafra, 712 Phil. 559, 575 (2013), citing Peoplev. Acala, 366 Phil. 797, 814 (1999).
39Dizon v. People, 616 Phil. 498, 515 (2009), citing People v. Audine, 539 Phil. 583, 605 (2006).
40 358 Phil. 664 (1998). Citations omitted.
41Id. at 674.
42 CA rollo, p. 29, citing TSN, September 17, 2012, p. 6.
43Id. at 29-30, citing TSN, August 13, 2012, p. 26.
44Id. at 30.
45Id. citing TSN, January 7, 2013, p. 4.
46People v. Ganaba, G.R. No. 219240, April 4, 2018, 860 SCRA 513, 524, citing People v. Domingo, 810 Phil. 1040, 1046-1047 (2017).
47Id.
48Rollo, p. 8.
49Id.
50Id.
51People v. Manson, 801 Phil. 130, 140 (2016).
52Id.
53Rollo, p. 31.
54Id. at 33.
55 G.R. Nos. 225642-43, January 17, 2018, 852 SCRA 54.
56Id. at 66.
57 See People v. Jugueta, 783 Phil. 806 (2016).
58 Entitled "An Act Prohibiting the Imposition of Death Penalty in the Philippines," approved on June 24, 2006.
59Ramilo v. People, supra note 38.
60 Section 31 (c) of RA 7610 provides:
Section 31. Common Penal Provisions. —
x x x x
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant, parent guardian, stepparent 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;
61Supra note 58.
62Supra note 27.
63 Section 31 (f) of RA 7610 provides:
Sec. 31. Common Penal Provisions. —
x x x x
chanRoblesvirtualLawlibrary
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if tlte latter is the perpetrator of the offense.