THIRD DIVISION
G.R. No. 240750, June 21, 2021
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. XXX, ACCUSED-APPELLANT.
R E S O L U T I O N
LOPEZ, J.:
Section 13, Rule 110 of the Rules of Court provides that an information must only charge one offense, except only in those cases in which existing laws prescribe a single punishment for various offenses. The remedy of the accused is to move to quash the information before entering his plea. If the accused fails to move to quash the duplicitous information, it would be considered as a waiver. Thus, the Court could convict the accused on all the charges alleged in the information.
The subject of this appeal is the Decision 1 of the Court of Appeals (CA), dated May 10, 2018, which affirmed with modifications the Decision dated May 11, 2017 of the Regional Trial Court (RTC), xxxxxxx, xxxxx, Misamis Oriental, finding accused-appellant XXX guilty of Statutory Rape.2
The accusatory portion of the Information reads:
That on or about June 8, 2014, at around 11:00 o'clock in the morning, in Barangay xxxxx, Municipality of xxxxxxxxxxx, Province of Misamis Oriental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused with lewd design and by using force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge with [AAA],3 minor, 7 years old, by inserting his finger in her vagina against her consent, to her damage and prejudice.
Contrary to and in violation of Article 266-A and 266-B of the Revised Penal Code.4
On June 8, 2014, at around 10:30 in the morning, BBB was at the house of her employer preparing lunch when she saw accused-appellant and her child AAA alone near the poultry farm. When she made a second look, they both suddenly disappeared. This prompted her to rush towards the poultry farm and called for AAA. When AAA descended from the stairs of the poultry house after being called for the third time, she was looking nervous and scared and the two went home after.
She then narrated to her mother in detail her ordeal. She said that accused-appellant called her and directed her to go upstairs in the poultry house where he forced her to sit down on his lap, then made her lie down on the floor, removed her short pants and underwear and thereafter inserted his penis in her vagina, and subsequently his middle finger. This prompted BBB to check the genitalia of AAA which she noticed was reddish.
On June 9, 2014, at around 7:00 o'clock in the evening, PO3 Cirilo R. Manco (PO3 Manco) was on duty at the xxxxxxxxx Police Office when he received a call from the Barangay Captain, xxxxxxxxxxx, requesting for police assistance regarding a rape incident in Purok x, Barangay xxxxxxxxxxx, xxxxxxxxxxx. PO3 Manco with their Deputy Chief of Police Allan Payla and Glenn Pacamalan then proceeded to Barangay xxxxx. Upon arrival, they were informed by CCC (victim's father) and AAA that she was raped a day prior by accused-appellant.
Acting on this information, the policemen arrested accused-appellant pursuant to a warrantless arrest so that he will not evade arrest. Subsequently, they brought him to their office for further investigation and proper disposition and likewise resulted to the filing of the case at the Provincial Prosecutor's Office.
On June 16, 2014, Dr. Grystel G. Gadian (Dr. Gadian) examined AAA, and made the following findings in her Living Case Report, to wit:GENITAL EXAMINATION:
Genital Tanner - I (Prepubertal - no pubic hair)
Hyperemic widened hymenal orifice
Hymenal laceration 6 o'clock
No discharge6
On June 8, 2014, at around 11:00 o'clock in the morning, accused-appellant was working at the poultry farm with CCC then both of them returned to the bunkhouse to have late breakfast with BBB and AAA. After eating, they watched a movie containing adult scenes. This prompted him to tell BBB that the movie is bad for her daughter. BBB then noticed AAA scratching her organ so she reprimanded her.
Thereafter, CCC, AAA and accused-appellant went to the poultry building. While there, AAA asked permission from CCC if she could go up to watch the chickens but she was not allowed.
Accused-appellant proceeded to go upstairs to put (drinking) water for the chickens. A few moments later, AAA was able to go up the building so he thought that CCC carried her through.
While AAA was watching the chickens, BBB saw and called for her. She then jumped off at the sidewalk then ran toward her mother. Because of this, BBB reprimanded and whipped her for climbing the building. AAA then said that accused-appellant raped her, which he denied.
At around 7:00 o'clock in the evening, while he was about to drink coffee at the bunkhouse, policemen arrived and informed accused-appellant that they were there because he raped a child. He was later brought to the police station.7
WHEREFORE, premises considered, the Decision dated May 11, 2017 of the Regional Trial Court, 10th Judicial Region, xxxxxxxxxxx of xxxxx, Misamis Oriental is AFFIRMED AND MODIFIED. Accused-appellant XXX is guilty beyond reasonable doubt of:
1. RAPE BY CARNAL KNOWLEDGE UNDER ARTICLE 266-A, PAR. 1 OF THE RPC AS AMENDED BY R.A. 8353 and shall suffer the penalty of Reclusion Perpetua. In addition, accused-appellant is ORDERED to indemnify the minor victim AAA in the amount of Seventy-Five Thousand (P75,000.00) pesos as civil indemnity, Seventy-Five Thousand (P75,000.00) Pesos as moral damages, and Seventy-Five Thousand (P75,000.00) Pesos as exemplary damages. Awards for damages shall earn the legal interest of six percent (6%) per annum from the date of finality of this [Judgment] until fully paid, in conformity with prevailing jurisprudence.
2. RAPE BY SEXUAL ASSAULT UNDER ARTICLE 266-A, PAR. 2 OF THE RPC, AS AMENDED BY R.A. 8353, and sentenced to an indeterminate penalty of twelve (12) years, ten (10) months and twenty-one (21) days of reclusion temporal, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal, as maximum. He is ORDERED to pay the victim civil indemnity in the amount of P30,000.00, moral damages in the amount of P30,000.00, and exemplary damages in the amount of P30,000.00. Awards for damages shall earn the legal interest of six percent (6%) per annum from the date of finality of this [Judgment] until fully paid, in conformity with prevailing jurisprudence.
He shall be entitled to the full credit of his preventive imprisonment deducted from the term of imprisonment pursuant to existing laws.chanroblesvirtualawlibrary
SO ORDERED.11
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:chanroblesvirtualawlibrarya) 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.
In criminal cases, an appeal throws the entire case wide open for review and the reviewing tribunal can correct errors, though unassigned in the appealed judgment, or even reverse the trial court's decision based on grounds other than those that the parties raised as errors. The appeal confers the appellate court full jurisdiction over the case and renders such court competent to examine records, revise the judgment appealed from, increase the penalty, and cite the proper provision of the penal law.
Accused-appellant argues that the information describes only one act which is carnal knowledge or rape of the first kind. However, as to the method of commission, it was allegedly done by "inserting his finger in her vagina", which constitutes rape by sexual assault or rape of the second kind. x x x14
SECTION 13. Duplicity of the Offense. — A complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses.
That on or about April 3, 2001, in the City of Manila, Philippines, the said accused, did then and there willfully, unlawfully and feloniously, with lewd designs and by means of force and intimidation commit sexual abuse to wit: by then and there carrying said [AAA], a minor, 11 years old, and bringing her to a vacant lot, trying to insert his penis into her vagina but said accused was not able to do so, thereafter inserting his penis into her anus, thereby endangering her normal growth and development.
CONTRARY TO LAW.
Both the RTC and the CA, however, erred in finding only one count of rape in the present case. It is settled that in a criminal case, an appeal throws the whole case open for review, and it becomes the duty of the appellate court to correct such errors as may be found in the judgment appealed from, whether they are made the subject of the assignment of errors or not. From the information filed, it is clear that accused-appellant was charged with two offenses, rape under Art. 266-A, par. 1 (d) of the Revised Penal Code, and rape as an act of sexual assault under Art. 266-A, par. 2. Accused-appellant was charged with having carnal knowledge of AAA, who was under twelve years of age at the time, under par. 1 (d) of Art. 266-A, and he was also charged with committing "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" under the second paragraph of Art. 266-A. Two instances of rape were indeed proved at the trial, as it was established that there was contact between accused-appellant's penis and AAA's labia; then AAA's testimony established that accused-appellant was able to partially insert his penis into her anal orifice. The medical examination also supports the finding of rape under Art. 266-A par. 1 (d) and Art. 266-A par. 2, considering the extragenital injuries and abrasions in the anal region reported.18
That on or about the 10th day of June, 2010, in the Municipality of xxxxxxxxxxx, 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.
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.20
Upon a reading of the Information, the CA observed that accused-appellant was charged with two offenses: (1) rape through sexual intercourse under paragraph 1(a), and (2) rape as an act of sexual assault under paragraph 2, both of Article 266-A of the RPC, as amended. The CA found that accused-appellant was charged with having carnal knowledge of AAA, his 15-year-old daughter, by means of force and intimidation; and, at the same time, he was charged with committing an act of sexual assault against AAA by inserting his finger into her private part. The CA noted that the Information merely lacked the conjunctive word "and." Furthermore, the CA found that the prosecution was able to prove during trial the guilt of accused-appellant for the two charges of rape.21
At the outset, the Court notes that the CA convicted accused-appellant for two counts of Rape, while only one Information was filed against him. Duplicity of offenses charged contravenes Section 13, Rule 110 of the Rules of Court (Rules) which states that "[a] complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses."
From a reading of the Information dated June 15, 2010, the Court agrees with the CA that accused-appellant was charged with two offenses—the act of having carnal knowledge of AAA constitutes one offense, while the act of inserting his finger into AAA's private part constitutes another. Section 3(f), Rule 117 of the Rules allows the accused to move for the quashal of the information based on the ground of duplicity of the offenses charged. However, under Section 9, Rule 117 of the Rules, accused-appellant is deemed to have waived any objection based on this ground due to his failure to assert it before he pleaded to the Information. Thus, the CA was correct in holding that accused-appellant can be convicted for the two offenses.22
Q If ever, what did XXX do to you? A He removed my short and panty.x x x Q After XXX removed your short and panty, what then (did) next (sic) he do (next) to you? A "Tenten". Q What did XXX do with his tenten? A Inserted "suksuk". Q Where did he insert? A Witness is pointing to her genetalia (sic). Q After he inserted his penis, what then did he do next? A Hand. Q What did he do with his hand? A Witness is demonstrating the hand directed to her genetalia. Q If this is the hand of XXX which part of the hand did he use? A Witness pointed to the middle finger of the right hand. Q What did he do to his finger? A Witness demonstrated that the middle finger was directed to her organ with action "ge-inane". Q Did he insert? A Witness is nodding her head. Q What did you feel during that time when he inserted his finger? A Painful.24
Endnotes:
* Initials were used to identify the accused-appellant pursuant to Amended Administrative Circular No. 83-15 dated September 5, 2017, Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders using Fictitious Names/Personal Circumstances issued on September 5, 2017.
** On wellness leave.
*** Designated Acting Chairperson, per Special Order No. 2828 dated June 21, 2021.
1 Penned by Associate Justice Edgardo T. Lloren, with Presiding Justice Ruben Reynaldo G. Roxas and Associate Justice Walter S. Ong, concurring; Rollo, pp. 3-17.
2 The geographical location is blotted out pursuant to Supreme Court Amended Circular No. 83-2015.
3 The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. 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; Republic Act No. 9262, An Act Defining Violence Against Women and their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes; and Section 40 of A.M. No. 04-10-11-SC., known as the Rule on Violence against Women and their Children, effective November 15, 2002." (People v. Dumadag, 667 Phil.664, 669 [2011]).
4Rollo, p. 4.
5Id.
6Id. at 5-6.
7Id. at 6-7.
8Id. at 7.
9Id. at 15.
10Id. at 9.
11Id. at 15-16.
12 706 Phil. 460, 471 (2013).
13 725 Phil 542 (2014).
14Rollo, pp. 7-8. (Citation omitted).
15 SECTION 13. Duplicity of Offense. — A complaint or information must charge but one offense, except only in those cases in which existing laws prescribe a single punishment for various offenses.
16 SECTIONS. Grounds. — The accused may move to quash the complaint or information or. any of the following grounds:
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
17 641 Phil. 635, 641 (2010).
18Id. at 647.
19 GR. No. 230222, June 22, 2020.
20Id.
21Id.
22Id.
23 292-APhil. 691, 704 (1993), citing Black's Law Dictionary, Fifth Ed. 193.
24Rollo, p. 11. (Emphases ours).
25People v. Leonardo, 638 Phil. 161, 189 (2010).
26 G.R. No. 227363, March 12, 2019.cralawredlibrary