FIRST DIVISION
G.R. No. 232308, October 07, 2020
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. XXX1 , Accused-Appellant.
D E C I S I O N
LAZARO-JAVIER, J.:
WHEREFORE, the decision dated April 11, 2013 of the Regional Trial Court of Tuguegarao City, Cagayan, Branch 4 (RTC) in Criminal Case No. 12711 is AFFIRMED with MODIFICATION in that accused-appellant [XXX] is found GUILTY beyond reasonable doubt of the crime of rape defined under Article 266-ANo. l(a) and penalized under the first paragraph of Article 266-B of the Revised Penal Code, as amended by R.A. No. 8353, in relation to R.A. No. 7610. The award of Seventy-five Thousand Pesos (P75,000.00) as civil indemnity, Thirty Thousand Pesos (P30,000.00) as exemplary damages and Seventy-five Thousand Pesos (P75,000.00) as moral damages is affirmed. Accused-appellant is ordered to pay the victim interest on all damages at the legal rate of six percent (6%) per annum from the date of finality of this judgment until full payment.
SO ORDERED.5
The undersigned City Prosecutor of Tuguegarao City accuses [XXX] for the crime of RAPE defined and penalized under Article 266-A No. 1(a) in relation to Article 266-B, 6th paragraph of the Revised Penal Code as amended by Republic Act 8353 in relation to R.A. 7610, committed as follows:That on August 4, 2009, in the City of Tuguegarao, Province of Cagayan, and within the jurisdiction of this Honorable Court, the accused [XXX], invited the private complainant [AAA]6 to go upstairs of his house to choose some package that was sent by his wife from Singapore, to which the private complainant politely acceded; that when the private complainant was already choosing some packages, the accused, with lewd design, and by means of force, threat and intimidation, did then and there, willfully, unlawfully and feloniously lift the uniform of the private complainant, lay her on the floor, and despite her resistance and struggle, he did lie and succeed in having sexual intercourse with the private complainant, against her will[,] that due to the incident, the accused was brought to the Cagayan Police Provincial Office, Camp Triso H. Gador, Tuguegarao City for proper disposition.
That the acts of the accused were aggravated by the fact that the private complainant was a [17-year-old] minor at the time of the incident, and that accused is the uncle of the private complainant, he being the first cousin of the father of the private complainant.
That the acts of the accused debased, degraded, and demeaned the intrinsic worth and dignity of the private complainant and which is prejudicial to her normal growth and development as a minor.
CONTRARY TO LAW.7
The case was raffled to the Regional Trial Court - Tuguegarao City, Cagayan, Branch 4 and docketed as Criminal Case No. 12711.
From the evidence on hand, this court is convinced that the accused [XXX] raped [AAA] as stated in the information.xxx xxx xxx
WHEREFORE, PREMISES CONSIDERED, finding accused XXX "GUILTY" beyond reasonable doubt for the crime of RAPE defined and penalized under Article 266-A No. l(a) in relation to Article 266-B, 6th paragraph of the Revised Penal Code as amended by Republic Act 8353, in relation to R.A. No. 7610, this Court hereby sentences him to reclusion perpetua and to suffer the accessory penalties provided by law, particularly Article 41 of the Revised Penal Code. For the civil liability, he is condemned to pay the amount of P75,000.00 as actual, P30,000.00 as exemplary damages and P75,000.00 as moral damages.
The accused who is a detained prisoner is hereby credited in full of the period of his preventive imprisonment in accordance with Article 29 of the Revised Penal Code, as amended.
SO DECIDED.24
Based on the foregoing discussion, this Court affirms the conviction of accused-appellant of rape under Article 266-A No. 1(a) of the Revised Penal Code, as amended by R.A. 8353, in relation to R.A. No. 7610. However, this Court finds that the dispositive portion of the RTC's decision, which includes the application of the 6th paragraph of Article 266-B, should be modified. The aggravating circumstance of relationship alleged in the information cannot be appreciated because accused-appellant is the first cousin of AAA's father. The relationship between AAA and accused-appellant is beyond the 3rd civil degree of relationship that is considered under No. 1 of the 6th paragraph of Article 266-B. Nevertheless, this Court affirms the penalty of reclusion perpetua imposed upon accused-appellant pursuant to Article 266-B, paragraph 1 of the Revised Penal Code, with the accessory penalties provided by law.xxx xxx xxx
WHEREFORE, the Decision dated April 11, 2013 of the Regional Trial Court of Tuguegarao City, Cagayan, Branch 4 (RTC) in Criminal Case No. 12711 is AFFIRMED with MODIFICATION in that accused-appellant [XXX] is found GUILTY beyond reasonable doubt of the crime of rape defined under Article 266-A No. 1(a) and penalized under the first paragraph of Article 266-B of the Revised Penal Code, as amended by R.A. No. 8353, in relation to R.A. No. 7610. The award of Seventy-five Thousand Pesos (P75,000.00) as civil indemnity, Thirty Thousand Pesos (P30,000.00) as exemplary damages and Seventy-five Thousand Pesos (P75,000.00) as moral damages is affirmed. Accused-appellant is ordered to pay the victim interest on all damages at the legal rate of six percent (6%) per annum from the date of finality of this judgment until full payment.
SO ORDERED.29
Art. 266-A. Rape: When and How Committed. - Rape is committed -To support a conviction for rape, the following elements must be proved: (1) the offender had carnal knowledge of a woman; and (2) the offender accomplished such act through force or intimidation, or when the victim was deprived of reason or otherwise unconscious, or when she was under twelve (12) years of age or was demented.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.
Complainant made a clear, candid, and positive narration of how appellant suddenly embraced her from behind, forced her to lie down on the floor, undressed her, kissed her lips, neck, and vagina, forcefully inserted his penis into her vagina while preventing her from screaming by inserting his fingers into her mouth, and threatened that he was ready to die with her or go to jail. Complainant's allegation of rape conforms with the physical evidence through the testimony and medical findings of Dr. Diasen that complainant sustained "hymenal area (+) multiple lacerations and Perihymenal area (+) abrasions on both sides of the erythematous looking - there is a 1 cm laceration from the fourchette downward to the anal verge." Dr. Diasen testified that the multiple abrasions strongly indicated that a sexually abused the day before.
Q. And While you were choosing pieces of clothes for you and your siblings, what happened? A. He pulled up my skirt, sir. Q. And other than pulling your skirt, what else did [XXX] did to you? A. He suddenly embraced me and forced me, I tried to shout but he put his hands on my mouth so that I cannot shout. Q. Where was [XXX] in relation to you when he embraced you? A. He was at my back sir. Q. And after embracing you and putting his fingers into your mouth and prevent you from shouting, what else did [XXX] do to you? A. He forced me to lie down and he undressed me, sir. Q. Where did he force you to lie down? A. At the floor, sir? Q. And when you were already in the floor, what did [XXX] do to you? A. When I was on the floor I am trying to shout but still he put his fingers on my mouth to prevent me from shouting and he started pushing me and undressed me. Q. What part of your body did he kiss you? A. My lips, neck[,] and my vagina, sir. Q. You said that he undressed you, what were you wearing at that time? A. A school uniform. Q. Of what school? A. Cagayan State University, sir. Q. You are enrolled in what department? A. Medical Technology Department, sir. Q. Was he able to remove all your clothing? A. No sir, he was only able to remove my lower garments, sir. Q. After taking over your lower garments, what did [XXX] do to you? A. He was forcing to insert his penis into my vagina, sir. Q. And was he able to insert his penis into your vagina? A. Yes sir. Q. When his penis was already inserted into your vagina, what did [XXX] do? A. He said he will only remove his penis after he withdrawn. "Sabi niya magpapalabas muna siya bago niya tatanggalin. " Q. And did you estimate how long did he take, [XXX] to stay on top of you, taking his penis from your vagina? A. I cannot remember, sir. Q. Let's go back [AAA] to that very moment when [XXX] inserted his penis into your vagina? A. I felt pain, sir. Q. Why? A. Because it is my first time to have sex, sir.32 x x xQ. Will you agree with me that not all the time this accused put his palm in your mouth? A. Yes sir. Q. And there [was an] opportunity for you to shout again? A. Yes sir. Q. But you never shouted again? A. He told me that he was ready to die with me and he was ready to go to jail.33 x x xQ. Was the accused armed with a gun or knife at that time? A. He was not armed but I was afraid because of his big body built.34
It is emphasized that when a rape victim's allegation is corroborated by a physician's finding of penetration, "there is sufficient foundation to conclude the examination and willingness to undergo public trial where she could be compelled to give out the details of an assault on her dignity, cannot be so easily dismissed as mere concoction.Indeed, the Court respects the trial court's factual assessment that complainant's testimony was credible and convincing37 since it had the opportunity to observe the deportment of complainant first hand and even carries the Court of Appeal's full concurrence.38
The court has time and again held that "the evil in man has no conscience. The beast in him bears no respect for time and place, driving him to commit rape anywhere — even in places where people congregate such as in parks, along the roadside, within school premises and inside a house where there are other occupants." "Rape does not necessarily have to be committed in an isolated place and can in fact be committed in places which to many would appear to be unlikely and high-risk venues for sexual advances." Indeed, no one would think that rape could happen in a public place like the comfort room of a movie house and in broad daylight.Finally, in the prosecution of rape cases, the presence or absence of spermatozoa is immaterial. For it is well settled that penetration of the woman's vagina, however slight, and not ejaculation constitutes rape.40 Thus, even if no spermatozoa was found in complainant's vaginal area despite her claim that appellant declared he would only pull out his penis after he had ejaculated inside her vagina, the same does not negate penile penetration and the commission of rape.
Endnotes:
1 The real name of the victim, her personal circumstances and other information which tend to establish or compromise her identity, as well as those of her immediate family, or household members, shall not be disclosed to protect her privacy, and fictitious initial shall, instead, be used in accordance with People v. Cabalquinto [533 Phil 703 (2006)] and Amended Administrative Circular No. 83-2015 dated September 5, 2017.
2Rollo, pp. 22-23.
3 Penned by Associate Justice Myra V. Garcia-Fernandez and concurred in by now Supreme Court Associate Justice Rosmari D. Carandang and Associate Justice Socorro B. Inting, id. at 2-21.
4 Penned by Judge Pablo M. Agustin, CA rollo, pp. 91-100.
5Rollo, pp. 19-20.
6 Supra note 1.
7 Record, p. 1; CA rollo, pp. 90-91.
8Rollo, p.4.
9Id. at 4.
10 TSN dated March 8, 2011, p. 4.
11 TSN dated November 26, 2009, pp. 2-8.
12Id. at 5.
13Id. at 3-4.
14Id. at 10-11.
15Id. at 5-5.
16 TSN dated March 8, 2011, pp. 4-5; TSN dated August 13, 2010, pp. 2-4; TSN dated November 26, 2009, p. 7.
17 TSN dated August 13, 2010, pp. 2-4; Record, p. 9; rollo, p. 32.
18 TSN dated August 13, 2010, pp. 4-5.
19 TSN dated October 20, 2011, p. 2.
20 TSN dated January 31, 2012, p. 2.
21Id. at 3.
22Id. at 4.
23 Penned by Judge Pablo M. Agustin, record, pp. 91 -100.
24 Record, p. 100; CA rollo, p. 98.
25 CA rollo, pp. 16-27.
26 Represented by Assistant Solicitor General Karl B. Miranda and Associate Solicitors Michael G.R. Gomez and Gabriel S. Villanueva.
27 CA rollo, pp. 69-80.
28 Penned by Associate Justice Myra V. Garcia-Fernandez and concurred in by now Supreme Court Associate Justice Rosmari D. Carandang and Associate Justice Socorro B. Inting, rollo, pp. 2-21.
29Id. at 19-20.
30Id. at 27-28.
31Id. at 29-30, 33-35.
32 TSN dated November 26, 2009, pp. 4-5.
33Id. at 10.
34Id. at 11.
35People v. Mayola, 802 Phil. 756, 764 (2016).
36 G.R. No. 222497, June 27, 2018.
37People v. Hirang, 803 Phil. 277, 290 (2017).
38Castillano v. People, G.R. No. 222210 (Notice), June 20, 2016.
39 388 Phil. 193,203(2000).
40People v. Balora, id. at 206.
41Etino v. People, 826 Phil. 32, 48 (2018); People v. Candellada, 713 Phil. 623, 45 (2013).
42 Article 266-B. Penalties-
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
43People v. Armodia, 810 Phil. 822, 832-833 (2017).
44People v. Gallano, 755 Phil. 120, 131 (2015).
45 TSN dated October 20, 2011, p. 2; TSN dated January 31, 2012, pp. 2-6.
46 Sec. 3. Original document must be produced; except in the following cases:x x x x
(d) When the original is a public record in the custody of a public officer or is recorded in a public office.
47 503 Phil. 606, 619-620 (2005).
48 431 Phil. 552, 567-569 (2002).
49People v. Dumdum, G.R. No. 221436, June 26, 2019; People v. Nepomuceno, Jr., G.R. No. 227092 (Notice), February 5, 2020; People v. Jugueta, 783 Phil. 806, 848-849 (2016).
"II. For Simple Rape/Qualified Rape:x x x x
2.1 Where the penalty imposed is reclusion perpetua, other than the above-mentioned:cralawreda. Civil indemnity - P75,000.00
b. Moral damages - P75,000.00
c. Exemplary damages - P75,000.00;