Case Digest (G.R. No. 137823)
Facts:
In People of the Philippines v. Noel Go Caoili alias “Boy Tagalog” (G.R. Nos. 196342 & 196848, August 8, 2017), the First Assistant Provincial Prosecutor filed an Information on June 22, 2006, charging Noel Go Caoili with rape through sexual intercourse under Article 266-A in relation to Article 266-B of the Revised Penal Code, as amended by R.A. 8353, and R.A. 7610. The Information alleged that on October 23, 2005 at about 7:00 p.m., in Barangay JJJ, Municipality of KKK, Province of LLL, Caoili forcibly had sexual intercourse with his fifteen-year-old daughter, AAA, by force, threat and intimidation. Following his October 25, 2005 arrest and September 15, 2006 arraignment, he pleaded not guilty. During trial, AAA testified that her father kissed her lips, fondled her breasts and inserted his finger in her vagina, causing excruciating pain. A guidance counselor and police records corroborated her report, and medical certificates from Dr. Hipe and Dr. Clerino documented hymenCase Digest (G.R. No. 137823)
Facts:
- Accusation and Detention
- On October 23, 2005 at about 7:00 PM in Purok III, Brgy. JJJ, Municipality of KKK, Province of LLL, accused Noel Go Caoili, alias “Boy Tagalog,” kissed his 15-year-old daughter (AAA), mashed her breasts, inserted his left fourth finger into her vagina and made a push-and-pull movement for 30 minutes, under threat and against her will.
- On June 22, 2006, First Asst. Provincial Prosecutor Raul O. Nasayao filed an Information charging rape through sexual intercourse (RPC Art. 266-A §1) in relation to Art. 266-B, as amended by RA 8353, and RA 7610; accused was arrested on October 25, 2005 and detained.
- Trial Evidence
- Victim AAA testified in detail to the molestation, subsequent beating by her father, her flight to an uncle’s house, and disclosure of the abuse to her school guidance counselor and the police. She executed a sworn statement before the Municipal Mayor.
- Medical exams: Dr. Ramie Hipe (Oct. 26, 2005) found multiple contusions and hymenal lacerations at 12, 3, 6, 8, 9, and 11 o’clock positions; Dr. Lucila Clerino (Oct. 28) confirmed complete lacerations at 6 and 9 o’clock and superficial laceration at 12 o’clock.
- Accused’s defense: denied sexual assault, claimed he only disciplined his daughter for being with her boyfriend and beat her with a piece of wood; insisted no fingering occurred.
- Lower Court Decisions
- On June 17, 2008, the RTC found accused guilty of rape by sexual assault (RPC Art. 266-A §2), imposed Prision Mayor (10 years 1 day to 17 years 4 months 1 day) and damages (P50,000 indemnity; P50,000 moral; P50,000 exemplary).
- On July 22, 2010, the CA set aside the RTC Decision, held that rape by sexual assault was not charged, and remanded for filing proper Information under Rule 110 §14 and Rule 119 §19.
Issues:
- Whether rape by sexual assault (Art. 266-A §2 RPC) can be substituted for a charge of rape by sexual intercourse (Art. 266-A §1 RPC).
- Whether the variance doctrine allows conviction of rape by sexual assault when charged with sexual intercourse.
- Whether accused can be convicted of lascivious conduct under Sec. 5(b) of RA 7610 as lesser included offense.
- Whether the CA correctly remanded the case post-judgment under Rule 110 §14 and Rule 119 §19.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)