Case Digest (G.R. No. 243987)
Facts:
People of the Philippines v. BBB, G.R. No. 243987, September 23, 2020, the Supreme Court Third Division, Leonen, J., writing for the Court. Gesmundo, Carandang, and Gaerlan, JJ., concur; Zalameda, J., on wellness leave.
In three Informations filed in the Regional Trial Court (RTC), Dipolog City, BBB (accused-appellant) was charged respectively with violation of Section 5(i) of Republic Act No. 9262 (Crim. Case No. 12493) for causing psychological violence to his live-in partner DDD, and with two counts of qualified rape under Article 266-A of the Revised Penal Code in relation to the Special Protection of Children Against Abuse, Exploitation and Discrimination Act (R.A. No. 7610) concerning his two minor stepdaughters, AAA (Crim. Case No. 12605) and CCC (Crim. Case No. 12606). The Informations recited incidents on December 10, 1999 (AAA) and March 30, 2004 (CCC), and an April 25, 2004 follow-up.
The prosecution’s case was that BBB, the live-in partner of DDD and a Philippine Army soldier, forcibly had sexual intercourse with AAA when she was about 13, allegedly laying on her, undressing her, removing her panty, inserting his penis into her vagina while covering her mouth, and threatening her with a gun; AAA later told her mother but DDD initially did not believe her. The prosecution further alleged that on March 30, 2004 BBB pinned CCC to a bed while playing cards, punched and pinned her, then forced himself on her and threatened to kill her if she reported it. About April 25, 2004 both girls confided in DDD, who then filed a complaint at the National Bureau of Investigation. A municipal health officer testified to medical findings of "old lacerations in their hymens" and that both girls were in a non-virginal state.
BBB denied the charges. He asserted that he was assigned in Jolo, Sulu on December 10, 1999, and claimed an alibi for March 30, 2004, saying he had a business meeting at his house with a neighbor, Bornia, that lasted until about 2:00 a.m., and that the girls were not at home then; Bornia testified in support of BBB’s version.
The RTC (Branch 7, Dipolog City) found BBB guilty beyond reasonable doubt of two counts of rape and of violating Section 5(i) of R.A. 9262, imposed reclusion perpetua for the rape counts and an indeterminate prision correccional/prision mayor term for the violence count, plus damages and ancillary orders. BBB appealed to the Court of Appeals (CA). The CA (Special Twenty-Second Division, Cagayan de Oro) affirmed the convictions but modified the penalty for the R.A. 9262 violation and increased the awards of damages for the rape convictions in light of this Court’s precedents (citing Quimvel v. People and ...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in affirming the accused-appellant’s conviction?
- Did the prosecution prove beyond reasonable doubt the elements of qualified rape under Article 266-A of the Revised Penal Code as to AAA and CCC?
- Did the prosecution prove the elements of psychological violence under Section 5(i) of R.A. No. 9262 as to DDD?
- Can the accused’s alibi and denials overcome the victims’ positive, consis...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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