Case Digest (G.R. No. 204061)
Facts:
Edmisael C. Lutap v. People of the Philippines, G.R. No. 204061, February 05, 2018, the Supreme Court First Division, Tiam, J., writing for the Court.Petitioner Edmisael C. Lutap was charged by information with rape by sexual assault for allegedly inserting his finger into the vagina of AAA, a six‑year‑old girl, on April 27, 2004 in Quezon City. Petitioner pled not guilty; pre‑trial and trial on the merits followed. The prosecution presented AAA, her younger brother BBB, their mother DDD, and a police witness. The defense denied the acts and produced a character witness and petitioner’s denial that he touched AAA.
The trial evidence showed that on the evening in question AAA (then wearing shorts and panties) was sitting on the floor watching television with petitioner nearby; BBB testified and demonstrated that petitioner used his middle finger to touch AAA’s genital area, and AAA said she “swayed off his hand.” DDD confronted petitioner; petitioner apologized and claimed AAA’s panty was wet. AAA was medically examined on April 30, 2004. The RTC (Quezon City, Branch 94, Presiding Judge Roslyn M. Rabara‑Tria) gave full credence to AAA’s and BBB’s testimonies and, on August 23, 2010, convicted petitioner of rape under Article 266‑A(2) (rape by sexual assault) in relation to Article 266‑B, imposing an indeterminate penalty and ordering damages.
On appeal, the Court of Appeals (CA) (CA‑G.R. CR No. 33630, penned by Associate Justice Danton Q. Bueser) reviewed the testimonies and concluded the evidence proved only that petitioner touched AAA’s vagina without proof of insertion; accordingly, the CA on July 10, 2012 modified the RTC judgment and found petitioner guilty of attempted rape, imposing a lesser indeterminate sentence and r...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in finding petitioner guilty of attempted rape instead of convicting or acquitting him, given the evidence that petitioner only touched the victim’s geni...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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