FIRST DIVISION
G.R. No. 241780, October 12, 2020
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DANILO TUYOR Y BANDERAS, Accused-Appellant.
D E C I S I O N
PERALTA, C.J.:
For consideration is the appeal of the Court of Appeals (CA) Decision1 dated December 15, 2017 which affirmed with modification the Decision2 dated October 9, 2015 of the Regional Trial Court (RTC), Branch 89, Bacoor City, finding accused-appellant Danilo Tuyor y Banderas (Tuyor) guilty of four (4) counts of Rape. The accusatory portions of the five (5) Informations3 state:cralawred
Criminal Case No. B-2008-771Tuyor pleaded not guilty9 in all the five (5) charges. Pre-trial and trial ensued.
That on or about the 29th of September 2007, in the Municipality of xxx, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, motivated by lust and with lewd designs, with the use of force, threat and intimidation, and taking advantage of his moral ascendancy did, then and there, willfully, unlawfully and feloniously, have carnal knowledge of his step-daughter [AAA] -Minor, fourteen (14) years old, born on April 13, 1993, against her will and consent, which acts tend to debase, degrade and demean complainant's intrinsic worth and integrity as a child, to the damage and prejudice of the said [AAA].
CONTRARY TO LAW.4
Criminal Case No. B-2008-770
That on or about the 24th day of October 2007, in the Municipality of xxx, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, motivated by lust and with lewd designs, with the use of force, threat and intimidation, and taking advantage of his moral ascendancy did, then and there, willfully, unlawfully and feloniously, have carnal knowledge of his step-daughter [AAA] -Minor, fourteen (14) years old, born on April 13, 1993, against her will and consent, which acts tend to debase, degrade and demean complainant's intrinsic worth and integrity as a child, to the damage and prejudice of the said [AAA].
CONTRARY TO LAW.5
Criminal Case No. B-2008-769
That on or about the 17th day of July 2007, in the Municipality of xxx, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, motivated by lust and with lewd designs, with the use of force, threat and intimidation, and taking advantage of his moral ascendancy did, then and there, willfully, unlawfully and feloniously, have carnal knowledge of his step-daughter [AAA] -Minor, fourteen (14) years old, born on April 13, 1993, against her will and consent, which acts tend to debase, degrade and demean complainant's intrinsic worth and integrity as a child, to the damage and prejudice of the said [AAA].
CONTRARY TO LAW.6
Criminal Case No. B-2008-768
That on or about the 24th day of September 2007, in the Municipality of xxx, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, motivated by lust and with lewd designs, with the use of force, threat and intimidation, and taking advantage of his moral ascendancy did, then and there, willfully, unlawfully and feloniously, have carnal knowledge of his step-daughter [AAA] -Minor, fourteen (14) years old, born on April 13, 1993, against her will and consent, which acts tend to debase, degrade and demean complainant's intrinsic worth and integrity as a child, to the damage and prejudice of the said [AAA].
CONTRARY TO LAW.7
Criminal Case No. B-2008-767
That sometime in August 2007, at around 8:00 p.m. in the Municipality of xxx, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, motivated by lust and with lewd designs, with the use of force, threat and intimidation, and taking advantage of his moral ascendancy did, then and there, willfully, unlawfully and feloniously, have carnal knowledge of his step-daughter [AAA] -Minor, fourteen (14) years old, born on April 13, 1993, against her will and consent, which acts tend to debase, degrade and demean complainant's intrinsic worth and integrity as a child, to the damage and prejudice of the said [AAA].
CONTRARY TO LAW.8
ACCORDINGLY, in Criminal Case B-2008-767, finding the accused Danilo Tuyor y Banderas GUILTY beyond reasonable doubt of Rape, he is sentenced to suffer the penalty of reclusion perpetua.The RTC found AAA's testimony as categorical, straightforward, consistent and credible. AAA was able to narrate four of the five crimes of rape in detail: the act of Tuyor in inserting his private organ into hers; how she struggled to fight back against the accused; the pain she experienced during the rape; the whitish substance which came out from Tuyor; how Tuyor wiped her private part; and Tuyor's threats after the crimes of rape.13 Through AAA's narration, the RTC was fully convinced that Tuyor raped AAA. According to the court a quo, Tuyor can only be convicted of the crimes of simple rape and not qualified rape. Although it was proven that AAA was a minor when the crimes of rape were committed, the relationship between AAA and Tuyor was not that of a stepfather-stepdaughter's since Tuyor was not married to AAA's mother. The special qualifying circumstance of a stepfather and stepdaughter relationship where the victim is a minor, cannot be considered in this case.
He is ordered to pay AAA P50,000[.00] as civil indemnity, P50,000[.00] as moral damages and P30,000[.00]as expercent (6%) per annum on all damages awarded, to be computed from the date of the finality of this Decision until fully paid.
In Criminal Case B-2008-768, the accused Danilo Tuyor y Banderas is found GUILTY beyond reasonable doubt of Rape and is sentenced to suffer the penalty of reclusion perpetua.
He is ordered to pay AAA P50,000[.00] as civil indemnity, P50,000[.00]as moral damages and P30,000[.00] as expercent (6%) per annum on all damages awarded, to be computed from the date of the finality of this Decision until fully paid.
In Criminal Case B-2008-769, considering the failure of the prosecution to prove his guilt beyond reasonable doubt, the accused is ACQUITTED of the crime charged.
In Criminal Case B-2008-770, the accused Danilo Tuyor y Banderas is found GUILTY beyond reasonable doubt of Rape and sentenced to suffer the penalty of reclusion perpetua.
He is ordered to pay AAA P50,000[.00] as civil indemnity, P50,000[.00] as moral damages and P30,000[.00] as expercent (6%) per annum on all damages awarded, to be computed from the date of the finality of this Decision until fully paid.
In Criminal Case B-2008-771, the accused Danilo Tuyor y Banderas is found GUILTY beyond reasonable doubt of Rape and sentenced to suffer the penalty of reclusion perpetua.
He is ordered to pay AAA P50,000[.00] as civil indemnity, P50,000[.00] as moral damages and P30,000[.00] as expercent (6%) per annum on all damages awarded, to be computed from the date of the finality of this Decision until fully paid.
Being a detention prisoner, the accused is credited in full of the time he had undergone preventive imprisonment.
SO ORDERED.12
WHEREFORE, the instant appeal is DENIED. The assailed x x x Decision dated October 9, 2015 of the Regional Trial Court (RTC) Branch 89 of xxx in Criminal Cases Nos. B-2008-767, B-2008-768, B-2008-769, B-2008-770, and B-2007-771 is hereby AFFIRMED with the MODIFICATION that as to each of said cases, the civil indemnity, moral damages and exemplary damages are increased to PhP 100,000.00 as to each award. Lastly, accused-appellant is ordered to pay interest on the amounts awarded at the legal rate of 6% per annum from the date of finality of this judgment until fully paid.
SO ORDERED.14chanroblesvirtuallawlibrary
The CA held that the records clearly prove that Tuyor had carnal knowledge of AAA with force, threat and intimidation and by taking advantage of his moral ascendancy over AAA, being the live-in partner of AAA's mother.15 Based on AAA's testimony, it was established that Tuyor raped her.16 The prosecution's evidence has established that Tuyor committed four counts of qualified rape against AAA, to wit: (1) the presentation of AAA's Certificate of Live Birth, which proves that she was 14 years old when the incidents of rape happened; (2) Tuyor had carnal knowledge of AAA on four separate occasions through AAA's positive, categorical, and spontaneous testimony; (3) Tuyor perpetrated the acts through force, threat or intimidation by using force and threatening to kill AAA if the latter would tell anyone about the sexual assault; and (4) AAA is the live-in partner of AAA's mother.17
As regards the medico-legal report presented before the RTC, the latter gave weight and credence to it, to which the CA affirmed. There is a presumption of regularity in the performance of the government doctor's functions and duties, when Dr. Irene Baluyut issued the medico-legal report.18 Since entries in the official records made in the performance of official duty are prima facie evidence of the facts therein stated, Dr. Baluyut's findings that AAA had sexual contact and was seven weeks pregnant at that time, are conclusive in the absence of evidence proving the contrary.19 Even assuming arguendo that the medico-legal report has no evidentiary value, the prosecution has established Tuyor's guilt beyond reasonable doubt, by sufficiently proving all the elements of qualified rape.20
On January 15, 2018, accused-appellant Tuyor filed his Notice of Appeal21 before the CA, on the ground that the CA Decision dated December 15, 2017 is contrary to fact, law and applicable jurisprudence.
When this appeal was instituted before this Court, the parties made their Manifestations22 that they will adopt their appellant's and appellee's Briefs, respectively, in lieu of their Supplemental Briefs.
1. Whether the CA erred in not excluding Dr. Bernadette J. Madrid's testimony for allegedly being hearsay.Tuyor faults the CA for affirming his conviction.
2. Whether the CA erred in giving due weight and credence to AAA's testimony.
3. Whether the CA erred in convicting Tuyor guilty beyond reasonable doubt of four (4) counts of qualified rape through sexual intercourse under Article 266(A)(la), in relation to Article 266-B(1).
Under Section 50(b), Rule 130 of the Rules on Evidence, "[T]he opinion of a witness x x x may be received in evidence regarding x x x [a] handwriting with which [s]he has sufficient familiarity."
Pros. Dumaual :I am showing you a Medico[-]Legal [Rjeport prepared by Dr. Irene D. Baluy[u]t. Will you go over this document[?]. Where is the Medico[-]Legal Report that you are referring to?Witness :This is the one. This is the Medico[-]Legal Report No. 2007-4907 prepared by Dr. Baluy[u]t and this is her signature, sir.x Pros. Dumaual :And how did you come to know that is the signature of Dr. Baluy[u]t?Witness : I already saw her signing a document, sir.25
Under Section 49 of the Rules of Evidence, "The opinion of a witness on a matter requiring special knowledge, skill, experience or training which [s]he is shown to possess, may be received in evidence."
Pros. Dumaual : Madam Witness, since when have you been a doctor of CPU-PGH? Witness : Since January, 1997, sir. Pros. Dumaual : [Doctor,] [y]ou said that you were already connected with the PGH since 1997. Witness : Yes, sir. Pros. Dumaual : And on October 26, 2007[,] how long have you been a medico legal officer? Witness : 10 years, sir.26
There is no substantial reason to justify the reversal of the RTC's assessment and conclusion on the probative value of Dr. Madrid's exually abused.
Pros. Dumaual : Can you tell us the case of [AAA] based on the data record? Witness : Based on the record [AAA] appeared before Dr. Baluy[u]t on October 26, 2007 and conducted the examination and attached to the record the picture of the said victim, sir. x x x Pros. Dumaual : What can you say about the findings of Dr. Baluy[u]t to [AAA]? Witness : Based on the medical exual abuse on the genitalia of the victim on the 5:00 o'clock position, sir.30
xual assault; today we simply cannot be stuck to the Maria Clara stereotype of a demure and reserved Filipino woman. We should stay away from such mindset and accept the realities of a woman's dynamic role in society today; she who has over the years transformed into a strong and confidently intelligent and beautiful person, willing to fight for her rights.33Through this, the Court can evaluate the weight and credibility of a private complainant of rape without gender bias or cultural misconception.34
First, the Court gives the highest respect to the RTC's evaluation of the testimony of the witnesses, considering its unique position in directly observing the demeanor of a witness on the stand. From its vantage point, the trial court is in the best position to determine the truthfulness of witnesses.AAA's testimony with regard to the first, second, fourth and fifth counts of rape committed against her, was categorical and straightforward. There could be no substantial reason to overturn the weight given by the RTC, and as affirmed by the CA.
Second, absent any substantial reason which would justify the reversal of the RTC's assessments and conclusions, the reviewing court is generally bound by the lower court's findings, particularly when no significant facts and circumstances, affecting the outcome of the case, are shown to have been overlooked or disregarded.
And third, the rule is even more stringently applied if the CA concurred with the RTC.37
On the second incident of rape, AAA recalled how the ordeal transpired:cralawred
PROS. DUMAUAL : Can you still remember when was the first time you were raped by the accused, [AAA]? WITNESS : AAA: July 17, 2007, sir. x x x PROS. DUMAUAL : Can you still remember the exact time when you were first abused by the accused [o]n July 17, 2007? WITNESS :9:30 in the evening, sir. PROS. DUMAUAL :What were you doing on July 17, 2007 at around 9:30 in the evening in your house? WITNESS : I was inside our room, sir. x x x PROS. DUMAUAL : Where was the accused during that time? WITNESS : Also inside the room, sir. x x x PROS. DUMAUAL : Do you know if during that time your siblings were already sleeping? WITNESS : At that time, he asked my siblings to go out and go to sleep and until the time we were the ones left in the room, sir. x x x PROS. DUMAUAL : What did the accused exactly tell you before he raped you? WITNESS : He told me that he ordered my sibling (sic) to go out of the room, sir. x x x PROS. DUMAUAL : After telling you that, what did the accused do next? WITNESS : He removed my clothes and pulled me towards the bed, sir. PROS. DUMAUAL : What clothes were you wearing then? WITNESS : I was wearing white t-shirt and colored shorts, sir. PROS. DUMAUAL : Where were you when he removed your clothes? WITNESS : In the room, sir. x x x PROS. DUMAUAL : You said you were wearing white t-shirt and colored shorts. What clothes did the accused removed (sic) first? WITNESS : Shorts, sir. x x x PROS. DUMAUAL : What was your reaction when he removed your shorts?
WITNESS : I was struggling against him and I was asking why, sir. PROS. DUMAUAL : And what was the answer of the accused when you asked him why he was doing that to you? WITNESS : Nothing, sir. He did not say anything. x x x PROS. DUMAUAL : How was he able to remove your shorts considering that it has buttons and buttons are difficult to remove?
WITNESS : He removed the buttons one by one and then he pinned down my thigh with his legs, sir. PROS. DUMAUAL : What was his position when he remove (sic) you shorts? WITNESS : His feet were straight, sir. x x x PROS. DUMAUAL : After he removed your shorts, what did he do next? WITNESS : He raped me, sir. PROS. DUMAUAL : Why did you say that he raped you? WITNESS : When I was lying down that's the time he forced me and I was crying at that time, sir. x x x PROS. DUMAUAL : You said that he forced you. How did he force you? What did he do when you said that he forced you? WITNESS : He was holding both of my shoulders and I was pushing him away, but I couldn't fight him back considering that he was strong, sir. PROS. DUMAUAL : When he held your shoulders, what did he do next? WITNESS : Then he raped me, sir. PROS. DUMAUAL : By rape, you mean what? WITNESS : He spread my legs and inserted his organ into mine, sir. x x x PROS. DUMAUAL : Was he able to penetrate you? WITNESS : Yes, sir. x x x PROS. DUMAUAL : How long did he penetrate you? WITNESS : Only for a short period of time. PROS. DUMAUAL : Was that the first time that you had an experience of penetration? WITNESS :Yes, sir. PROS. DUMAUAL : And what did you feel? WITNESS : It was painful, sir. x x x PROS. DUMAUAL : What was your reaction when he tried to in and out his private part? WITNESS : I was just crying, sir. x x x COURT : By the way, after he removed his private part in and out of your private part, what happened? WITNESS : Blood came out, Your Honor. x x x PROS. DUMAUAL Why did you not report to them what the
accused did to you?WITNESS He threatened that he would kill us all, sir. PROS. DUMAUAL : Who threatened you? WITNESS : The accused, Danilo Tuyor, sir. PROS. DUMAUAL : When did he tell you that he would kill you all? WITNESS : He whispered it to me, sir. PROS. DUMAUAL : When was that? WITNESS : After doing what he did to me and when my siblings arrived, we were the only ones left in that room that's the time he told me the threat, sir.38
As regards the third count of rape, the elements of the crime were not established. While AAA testified on the third count of rape, she was crying profusely during the direct examination; and the prosecution had to ask for a continuance, to wit:cralawred
PROS. DUMAUAL : You said you were raped five times. When was the second time that you were raped by the accused? WITNESS : August 2008, sir. x x x PROS. DUMAUAL : But can you still remember what you were doing during that time that you were raped for the second time? WITNESS : I was about to go to sleep, sir. PROS. DUMAUAL : What time was that? WITNESS : 8 o'clock, sir. x x x COURT : And how did the rape occur? WITNESS : I was already asleep until the time that I felt that he was on top of me, Your Honor. x x x PROS. DUMAUAL : You said that you noticed the accused was already on top of you, how did you come to know that it was the accused who was on top of you considering that you said that you had no electricity during that time? WITNESS : Because at that time, he was our only companion in that house, sir. x x x PROS. DUMAUAL : And what did he do when he went on top of you? WITNESS : I did not know then that I was already naked and I only felt that he was already on top of me, sir. PROS. DUMAUAL : By naked, you mean your total body?
WITNESS : Only my clothing from the waist down, sir. x x x PROS. DUMAUAL : What did the accused do when you found him on top of you in the night of August 2008? WITNESS : He inserted his organ into mine, sir. x x x PROS. DUMAUAL : And what did he do after the accused inserted his private part into your private part? WITNESS : He covered my mouth, sir. PROS. DUMAUAL : How about him, did he make any motion while he inserted his private part into your private part? WITNESS : He held both of my hands, sir. PROS. DUMAUAL : And how long did he insert his private part into your private part? WITNESS : Only for five minutes, sir. PROS. DUMUAL : And during that time that he inserted his private part into your private part for five minutes, did he make any motion. WITNESS : No, sir. I didn't know considering that he had my eyes closed, sir. PROS. DUMAUAL : And what did you feel when he inserted his private part into your private part in the night of August 2008 when he raped you for the second time? WITNESS : Masakit po. PROS. DUMAUAL : You said that he inserted his private part into your private part for almost five minutes. After five minutes, what did he do next? WITNESS : Nilabas-masok nya po. PROS. DUMAUAL : Did you notice if there was something that came out from you? WITNESS : No, I didn't notice, sir. PROS. DUMAUAL: How about him, did you notice if there was something that came out form (sic) his private part?
WITNESS : There was, sir. PROS. DUMAUAL : How did you come to know that considering that it was dark? WITNESS : I was able to touch something which was sticky coming from his organ, sir. PROS. DUMAUAL : How were you able to touch that sticky substance when according to you during that time he was covering your mouth and holding your hands? WITNESS : After the act, sir.x x x PROS. DUMAUAL : After he wiped your private part and he wiped his private part, what did he do? WITNESS : I was crying, sir.39
When her examination continued before the RTC, she no longer testified on the third count of rape.41
PROS. DUMAUAL : And where were you when you were raped for the third time [o]n September 24, 2007? WITNESSI was doing the dishes then, sir. PROS. DUMAUAL : What portion of your house were you washing the dishes? WITNESS : In the kitchen, sir. PROS. DUMAUAL : It was already 10 o'clock. Why is it that it was only then that you were washing the dishes? WITNESS : Because we just had dinner, sir. PROS. DUMAUAL : And who were your companions in eating supper? WITNESS : My siblings and my mother because after my mother came from work, sir, that same night, she would also sell ballot. PROS. DUMAUAL : What time did your mother arrive on that night of September 24, 2007?WITNESS : 9 o'clock, sir.x PROS. DUMAUAL : While washing the dishes, where were your siblings?WITNESS : Already asleep, sir.COURT : And where was your mother then?WITNESS : We all had supper then, Your Honor, and after that, I did the dishes and that's the time she left, Your Honor.COURT : So while washing dishes, your mother had already left home?WITNESS : Yes, Your Honor.COURT : And what time did [s]he usually return after selling ballot?WITNESS : Sometimes 1 o'clock early morning, sometimes 2 o'clock, Your Honor.COURT : By the way, what was your mother's work in SM hen?WITNESS : In the alteration department, Your Honor.PROS. DUMAUAL : Your Honor, please, it appears that the witness is already crying and likewise the mother. Can we ask for a continuance?40
Based on AAA's testimony, the elements of rape were proven beyond reasonable doubt.
On the fourth incident of rape, AAA declared:PROS. DUMAUAL : So when was the fourth time that you were sexually abused by the accused? WITNESS : September 29, 2007, sir. PROS. DUMAUAL What time? WITNESS 10:05 in the evening, sir. PROS. DUMAUAL : Where were you that time? WITNESS : I was about to go to sleep when he laid down beside me, sir. PROS. DUMAUAL : Where were you suppose[d] to sleep on that time and date? WITNESS : On the floor, sir. PROS. DUMAUAL : Do you have companions inside that place where you were about to sleep and then he laid beside you? WITNESS : He told my siblings to go out, sir. x x x PROS. DUMAUAL : So when they went out of the place, what happened? WITNESS : He pulled me inside the room and that is where he raped me, sir. x x x PROS. DUMAUAL : So, was he able to pull you out to that room? WITNESS : Yes, sir. PROS. DUMAUAL : And what happened when he was able to pull you inside the room? WITNESS : He covered my mouth with the handkerchief, sir. Before that I am asking him why but he did not answer and then he pulled me inside the room. x x x PROS. DUMAUAL : So what happened when you were pulled inside the room? WITNESS : That's when he started raping me, sir. PROS. DUMAUAL : How did he start raping you? WITNESS : He held my hands and then pinned "inipit" down my legs and then he inserted his genital organ into mine, sir. PROS. DUMAUAL : What was your position when he held your hands and pinned your legs? Interpreter : The witness demonstrated her hands downwards. WITNESS : He hold (sic) my hands and he pinned my two legs, sir. PROS. DUMAUAL : Were you standing when he hold (sic) your hands? WITNESS : I was sitting, sir. PROS. DUMAUAL : Were you wearing something during that time that he held your hands and pinned your legs? WITNESS : Yes, sir. PROS. DUMAUAL : What was something in your body? WITNESS : I was wearing short and t-shirt, sir. PROS. DUMAUAL : Considering that you were wearing shorts, how was he able to insert his private part with your private part? WITNESS : My legs was (sic) pinned down by his legs and then he spread my legs, sir. PROS. DUMAUAL : Why was your short already placed down, who did that? WITNESS : He did it, sir. PROS. DUMAUAL : When did he pull down your shorts? WITNESS : Before he started raping me, sir. PROS. DUMAUAL : What was your position when he pulled your short? WITNESS : Lying, sir. PROS. DUMAUAL : And what did you do, if any, when he pulled your short? WITNESS : He told me not to tell that matter to my mother or he would kill us, sir. x x x PROS. DUMAUAL : And what happened when he inserted his private part into your private part? Interpreter : Make it of record that the witness is crying. WITNESS : That is when he started raping me but I did not know for how long he did that to me, sir. PROS. DUMAUAL : What did the accused do when his private part was inserted into yours? WITNESS : Nothing, he was just quiet, sir. PROS. DUMAUAL : Was there any movement that transpire [d]? WITNESS : None, sir. PROS. DUMAUAL : You mean to say his private part was just inserted to your private part without him doing anything? WITNESS : Aside from what he told me not to tell that to my mother or else he would kill us also, sir. x x x PROS. DUMAUAL : Did you notice if something came out from him? WITNESS : Yes, sir. PROS. DUMAUAL : What was that that came out from the accused? WITNESS : Looks like something white, sir. PROS. DUMAUAL : Did you observe what was that? WITNESS : No, sir. PROS. DUMAUAL : In what particular part of his body did that something white came out? WITNESS : From his organ, sir. PROS. DUMAUAL : So after noticing that whitish substance came out from his private organ, what did the accused do next, if any? WITNESS : He wiped it out and asked me to stand up while I was crying, sir. PROS. DUMAUAL : When did you start crying? WITNESS : "Pagpasok ng ari nya", sir.42 On the fifth incident of rape, AAA stated: Pros. Dumaual : Because you did not report the incident it appears that there was another time that you were sexually abused again by the accused. Can you still remember when was that? Witness : October 24, sir. Pros. Dumaual : Of what year? Witness : 2007, sir. Pros. Dumaual : And can you still remember the time when that sexual abused (sic) happened on October 24, 2007? Witness : 9:30 o'clock in the evening, sir. Pros. Dumaual : And where were [you] during that time? During that time and date? Witness : I was already lying down on my bed and it was about 5 minutes and then suddenly I felt that somebody lay down beside me, although I have may (sic) family lying beside me but not that close, it was only the accused who laid beside me so close, sir. x x x Pros. Dumaual : So who were with you on October 24, 2009 when you were already sleeping at around 9:30 o'clock in the evening? Witness : My younger siblings, sir. Pros. Dumaual : And how far were they from the place where you were sleeping? Witness : We were lying beside each other, sir. Pros. Dumaual : So, you said a while ago that you were asleep and somebody laid beside you. Did you come to know who was that person who laid beside you? Witness : When I was awaken[ed,] I realized that it was the accused who laid beside me, sir. Pros. Dumaual : What made you realized (sic) that it was the accused who laid beside you? Witness : Because he placed his hand on my breast and he mashed it, sir. Pros. Dumaual : For how long did he mash your breast? Witness : I did not know probably 2 minutes, sir. x x x Pros. Dumaual :After mashing your breast for 2 minutes, what did the accused do next, if any? Witness :The same, sir. I was facing my side when he raped me. Pros. Dumaual :Right side or left side? Interpreter :Make it of record that the witness turn[ed] to her right side. Pros. Dumaual :Where was the accused when you were facing right side? Witness :Behind me, sir. Pros. Dumaual :What did he do? Witness :He removed my short, sir. x x x Pros. Dumaual :What did he do with your panty? Witness :He pulled them halfway down my legs and then he inserted his organ into my private part, sir. Pros. Dumaual :Are you sure that he was able to insert his private part into your private part? Witness :Yes, sir. x x x Pros. Dumaual : Did you notice if there was movement made by the accused while his private part was inserted into your private part while you were facing the right side and he was at your back? Witness : No, sir. Pros. Dumaual : Did you notice if there was something that came out from his private part on that time and date? Witness : Yes, sir. Pros. Dumaual : How did you come to know that something came out from his private part? Witness : That something came out from his private part felt hot, sir.43
Article 266-A. Rape: When and How Committed. - x x x
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat, or intimidation;
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.
In order to qualify the rape, the minority of the victim and his or her relationship with the offender should both be alleged in the Information and proven beyond reasonable doubt during trial.46 The raison d' etre is that the special qualifying circumstances of minority and relationship have the effect of altering the nature of the rape and its corresponding penalty.47 Otherwise, death penalty cannot be imposed upon the offender.48Although the State has successfully proven the common-law relationship, the crime is only simple rape where the information does not properly allege the qualifying circumstance of relationship between the accused and the victim.53 This is because the accused's right to be informed of the nature and cause of the accusation against him is inviolable54 Tuyor can only be convicted of simple rape, and not of qualified rape.
Pros. Dumaual : How were you related to the accused? Witness : He is my stepfather, sir. Pros. Dumaual : How did he become your stepfather? Witness : He is the live-in partner of my mother, sir.51 x COURT : Is the accused married to your mother? Witness : No, Your Honor.52
Legal interest of six percent (6%) per annum is imposed on all damages awarded from the date of finality of this Decision until fully paid.
1. Guilty beyond reasonable doubt of Simple Rape under Article 266-A(1)(a) and penalized in Article 266-B of the Revised Penal Code, in Criminal Case No. B-2008-767, and is sentenced to suffer the penalty of reclusion perpetua, and with modification as to the award of damages. Accused-appellant is ORDERED to PAY AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. 2. Guilty beyond reasonable doubt of Simple Rape under Article 266-A(1)(a) and penalized in Article 266-B of the Revised Penal Code, in Criminal Case No. B-2008-768, and is sentenced to suffer the penalty of reclusion perpetua, and with modification as to the award of damages. Accused-appellant is ORDERED to PAY AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. 3. Not guilty of Simple Rape under Article 266-A(l)(a) and penalized in Article 266-B of the Revised Penal Code, in Criminal Case No. B-2008-769, considering his guilt was not proven beyond reasonable doubt. Accused-appellant is ACQUITTED of the crime charged. 4. Guilty beyond reasonable doubt of Simple Rape under 266-A(1)(a) and penalized in Article 266-B of the Revised Penal Code, in Criminal Case No. B-2008-770, and is sentenced to suffer the penalty of reclusion perpetua, and with modification as to the award of damages. Accused-appellant is ORDERED to PAY AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. 5. Guilty beyond reasonable doubt of Simple Rape under 266-A(1)(a) and penalized in Article 266-B of the Revised Penal Code, in Criminal Case No. B-2008-771, and is sentenced to suffer the penalty of reclusion perpetua, and with modification as to the award of damages. Accused-appellant is ORDERED to PAY AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages.
Endnotes:
1 Penned by Associate Justice Ramon Paul L. Hernando (now a member of this Court), with Associate Justices Marlene B. Gonzales-Sison and Rafael Antonio M. Santos concurring; rollo pp. 2-20.
2 Penned by Executive Judge Eduardo Israel Tanguanco; CA rollo, pp. 46-61.
3Rollo, pp. 4-5.
4 Records, pp. 1, 3.
5Id. at 5, 7.
6Id. at 9, 11.
7Id. at 13, 15.
8Id. at 17.
9 CA rollo, p. 47.
10 Under Republic Act No. 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act), the real name of the victim and those of her immediate family members are withheld and fictitious initials are instead used to protect the victim's privacy.
11Rollo, pp. 5-6. (Citations omitted)
12 CA rollo, pp. 60-61.
13Id. at 56.
14Rollo, p.19.
15Id. at 8.
16Id.
17Id. at 16.
18Id. at 18.
19Id.
20Id.
21 CA rollo, pp. 109-110.
22Id. at 32-36; 37-42.
23 CA rollo, p. 37.
24 In Criminal Case Nos. B-2008-767 to B-2008-771.
25 TSN, August 5, 2013, pp. 4-5.
26Id. at 3.
27People v. Labraque, 818 Phil. 204, 211 (2017, citing People v. Alberca, 810 Phil. 896, 906 (2017).
28Id. at 211-212.
29Id. at 212.
30 TSN, August 5, 2013, pp. 4-5.
31People v. Taño, et al., 109 Phil. 912, 914 (1960).
32People v. Amarela, G.R. Nos. 225642-43. January 17, 2018, 852 SCRA 54, 68.
33Id.
34Id.
35People v. Barberan, et al, 788 Phil. 103, 109 (2016).
36People v. Dayaday, 803 Phil. 363, 371 (2017).
37People v. Tanglao, G.R. No. 219963, June 13, 2018. (Emphases ours)
38 TSN, December 1, 2009, pp. 4-15. (Emphases supplied)
39Id. at 16-20. (Emphases supplied)
40Id. at 23-25.
41 TSN, October 19, 2010, pp. 1-21; TSN, December 14, 2010, pp. 1-8; TSN, March 6, 2012, pp. 1-12
42 TSN, December 1, 2009, pp. 3-9. (Emphases supplied)
43Id. at 12-15, (Emphases ours)
44People v. ZZZ, G.R. No. 224584, September 4, 2019.
45Id.
46People v. Romeo de Castro de Guzman, G.R. No. 224212, November 27, 2019.
47Id.
48Id.
49Id.
50People v. Melendres, 393 Phil. 878, 896 (2000).
51 TSN, October 19,2010, p. 7.
52 TSN, March 6, 2012, p. 10.
53People v. Romeo de Castro de Guzman, supra note 46.
54Id.
55People v. Tulagan, G.R. No. 227363, March 12, 2019.
56People v. Layco, Sr., 605 Phil. 877, 882 (2009).
57 Article 266-B of the revised Penal Code provides:
Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
58 783 Phil. 806(2016).II. For Simple Rape/Qualified Rape:
2.1 Where the penalty imposed is reclusion perpetua[;] other than [where the penalty imposed is Death but reduced to reclusion perpetua because of RA 9346, or where the crime committed was not consummated but merely attempted] x x x:a. Civil indemnity - P75,000.00
b. Moral damages - P75,000.00
c. Exemplary damages - P75,000.00