Case Digest (G.R. No. 225624)
Facts:
People of the Philippines v. Marianito Arces, Jr., G.R. No. 225624, October 03, 2018, Supreme Court Second Division, Carpio, J., writing for the Court.The victim, referred to as AAA, was nine years old when the alleged incidents occurred on 19–20 April 2006. AAA testified that at about 5:30 a.m. on 19 April 2006 her uncle, Marianito Arces, Jr. (the appellant), awakened her, undressed her, positioned himself on top of her and inserted his penis into her vagina; she complained of pain, he stopped, dressed her, and warned her not to tell anyone. The following day Arces allegedly returned around noon, lay on top of AAA while she was fully clothed, and made pumping motions. AAA did not tell anyone at the time because, she said, Arces had threatened her.
On 4 January 2008 a neighborhood altercation between AAA’s mother and Arces’ sisters erupted; during the confrontation AAA’s mother prodded AAA, who then disclosed the alleged incidents. AAA and her mother reported the matter to the police and on 7 January 2008 AAA was examined by Dr. Jesus Medardo Buyco of the City Health Office, who found the hymen intact, no hematoma, no vaginal deformity, and no lacerations; he concluded the findings were not consistent with penile penetration.
Arces denied the charges. He testified he was at sea catching crabs with his brother‑in‑law, Jonathan Lacuba, at the time of the alleged early‑morning incident; Lacuba corroborated that assertion. Arces also asserted that AAA’s family had attended a barangay fiesta in Iloilo on 19 April 2006 and that he later moved to Jaro, Iloilo in August 2006 and worked there for two years. Arces’ sisters, Marites and Maricel, testified that animosity between them and AAA’s mother gave motive to fabricate the charge.
Criminal Case No. 08‑31346 was filed charging Arces with rape under Article 266‑A, par. 1(d), in relation to Article 266‑B of the Revised Penal Code. The Regional Trial Court (Branch 41, Bacolod City) rendered a Decision on 3 June 2013 finding Arces guilty and sentencing him to reclusion perpetua, and awarding moral and exemplary damages to AAA. The Court of Appeals (CA) in CA‑G.R. CEB‑CR HC No. 01908 issued a Decision on 26 November 2015 that affirmed the RTC’s conviction but modif...(Subscriber-Only)
Issues:
- Did the Court of Appeals gravely err in finding Marianito Arces, Jr. guilty beyond reasonable doubt of the crime of r...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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