Case Digest (G.R. No. 268891)
Facts:
In Rodan A. Bangayan v. People of the Philippines, petitioner Rodan Bangayan y Alcaide was charged by Information dated January 2012 in the Regional Trial Court (RTC) of Maddela, Quirino (Branch 38) with violation of Section 5(b), Article III of Republic Act No. 7610 (the Special Protection of Children Against Abuse, Exploitation and Discrimination Act). The Information alleged that Bangayan willfully and unlawfully had sexual intercourse with AAA, a twelve-year-old female minor, in her home at Barangay San Ramos, Nagtipunan, Province of Quirino, against her will and consent. AAA’s brother, BBB, witnessing Bangayan atop his sister naked from the waist down, intervened but was threatened. Medical examination by Dr. Luis Villar confirmed AAA’s two- to three-month pregnancy, consistent with sexual intercourse in January 2012, and smooth hymenal edges with an opening the size of an examiner’s index finger. AAA executed an Affidavit of Desistance when she turned 14, stating that sheCase Digest (G.R. No. 268891)
Facts:
- Parties and Charge
- Petitioner: Rodan A. Bangayan y Alcaide.
- Respondent: People of the Philippines.
- Charge: Violation of Section 5(b), Article III of Republic Act No. 7610 (sexual intercourse with a child exploited in prostitution or subjected to other sexual abuse).
- Incident and Victim
- Date and Place: January 2012, Brgy. San Ramos, Nagtipunan, Quirino.
- Victim (AAA): Born December 14, 1999; aged 12 years, 1 month at the time of the incident.
- Evidence Presented
- Witnesses
- PO2 Rosalita Manilao – handled the complaint and free sworn statement of AAA.
- BBB – AAA’s brother; saw Bangayan on top of AAA, both naked from the waist down; threatened by Bangayan.
- Dr. Luis Villar – medico-legal examiner; found smooth hymenal edges, opening size of an index finger, and 2–3 months’ pregnancy.
- Documents
- Malaya at Kusang Loob na Salaysay of AAA and of BBB.
- Medico-Legal Report and AAA’s Certificate of Live Birth.
- Affidavit of Desistance executed by AAA at age 14, stating she and Bangayan were living as husband and wife with one child; second child born May 4, 2015.
- Procedural History
- RTC Decision (April 11, 2016): Convicted Bangayan of sexual abuse under RA 7610; sentenced to reclusion temporal (14 y 8 m–20 y); awarded ₱50,000 each as civil indemnity, moral and exemplary damages.
- CA Decision (June 28, 2017): Denied appeal; affirmed conviction; increased damages to ₱75,000 each.
- CA Resolution (October 24, 2017): Denied motion for reconsideration.
- Supreme Court Petition filed January 5, 2018.
Issues:
- Whether Bangayan may invoke AAA’s consent and their ongoing relationship—including the birth of two children—as a defense to the charge of sexual abuse under Section 5(b), Article III of RA 7610.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)