Case Digest (G.R. No. 193666)
Facts:
This case, entitled People of the Philippines vs. Marlon Castillo y Valencia, originated from Quezon City, where the accused-appellant, Marlon Castillo, was charged with two counts of rape against his 12-year-old daughter referred to in the case as Nene. The events leading to this case occurred during the period from August 27, 1996, to August 27, 1997, for the first count, and in November 2000 for the second count. The two Informations filed against Castillo indicated that he committed sexual acts against his daughter by rubbing his penis on her vagina, licking her private parts, and inserting his finger into her vagina on multiple occasions. Nene, born on August 27, 1990, testified that her father first molested her when she was six years old, while her mother was not present and her siblings were sent outside the home.
The Regional Trial Court (RTC) found the evidence presented by the prosecution credible, which included Nene's testimony regarding her experiences of sexu
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Case Digest (G.R. No. 193666)
Facts:
- Procedural History
- The accused-appellant, Marlon Castillo y Valencia, was convicted by the Regional Trial Court (RTC) of Quezon City for two counts of rape committed against his daughter Nene under Criminal Case Nos. Q-03-119452 and Q-03-119453.
- The RTC ruled in its Decision dated April 11, 2007, convicting him of qualified rape by sexual intercourse, imposing reclusion perpetua and awarding damages.
- The Court of Appeals (CA) in its Decision dated April 23, 2010, affirmed the conviction with modifications—especially recharacterizing one count as rape by sexual assault and the other as attempted qualified rape—and modified the quantum of damages.
- Facts on the Alleged Crimes
- Criminal Case No. Q-03-119452
- Alleged period: Between August 27, 1996 and August 27, 1997.
- Offense: The accused committed sexual assault upon his daughter Nene, then six years old, by:
- Rubbing his penis on the victim’s labia.
- Context: The act was committed with grave abuse of authority, without the minor’s consent and with attendant threats.
- Criminal Case No. Q-03-119453
- Alleged incident: Occurred in November 2000.
- Offense: The accused sexually assaulted his daughter, then 12 years old, by:
- Mashing her breast.
- Context: The assault was again characterized by the use of force, threat, and abuse of his parental authority.
- Evidence Presented
- Victim’s testimony and Sinumpaang Salaysay, recounting distinct details of the abuse on two separate occasions.
- Medical examination findings that noted an intact hymen and absence of visible genital injury, which were juxtaposed with the victim’s account of the assault.
- Documentary evidence including Nene’s birth certificate establishing her age, thereby corroborating her testimony on when the abuse occurred.
- Defendant’s Defense
- The accused-appellant pleaded not guilty and contested the prosecution’s evidence by alleging:
- Inconsistencies and contradictions in Nene’s recollections, including her stated age and details of the incident(s).
- He suggested that Nene and her mother were motivated by a desire to avenge perceived personal wrongs.
- Context and Testimonies
- Nene’s Testimony
- Detailed her experiences during the assaults, noting that she resisted by crying even though she was threatened and intimidated.
- Clarified during clarificatory questioning that she was six years old during the first assault, a point also confirmed by her documentation.
- Provided consistent accounts in both her Sinumpaang Salaysay and during live testimony despite minor trivial discrepancies.
- Medical Report
- Confirmed that, at the time of the examination, the victim's hymen was intact and there was no evidence of genital injury.
- The report’s findings were interpreted in light of the fact that an intact hymen does not preclude the commission of rape.
- Nature of the Crimes
- The RTC convicted the accused for qualified rape by sexual intercourse, based on the finding that his acts amounted to penetration, even if the act involved merely rubbing of the penis against the labia.
- The CA, however, reclassified the incident in Criminal Case No. Q-03-119452 as rape by sexual assault and the incident in Criminal Case No. Q-03-119453 as an attempted qualified rape by sexual intercourse, given that there was no demonstrable penetration in the latter instance.
- Determination of Damages and Sentencing
- Original awards included moral damages, civil indemnity, and exemplary damages.
- The CA modified the damage awards and penalties in line with the recharacterization of the crimes:
- For qualified rape by sexual assault, an indeterminate sentence with a minimum of 12 years prision mayor and maximum of 17 years and 4 months reclusion temporal was imposed along with specified damage awards.
- For attempted qualified rape by sexual intercourse, an indeterminate sentence with a minimum of 6 years prision correccional and maximum of 10 years prision mayor was imposed with corresponding damage awards.
Issues:
- Inconsistency and Credibility of Victim’s Testimony
- Whether the alleged inconsistencies in Nene’s recounting of events, including her age, the specifics of the assault, and the presence or absence of penetration, were material to the determination of the accused-appellant’s guilt.
- Whether trivial discrepancies in testimony should undermine the credibility of the victim, given the traumatic nature of the events.
- Element of Penetration in Rape Cases
- Whether the mere act of “rubbing” of the penis against the victim’s vagina, without evidence of complete penetration (no laceration, pain, or bleeding), qualifies as rape by sexual intercourse.
- The appropriate classification of the crime when penetration is incomplete, particularly differentiating between rape by sexual assault and attempted rape by sexual intercourse.
- Application of the Abuse of Authority
- Whether the alleged abuse of parental authority and the context of threat and intimidation sufficiently support the charge of qualified rape—particularly in incestuous situations where the power dynamic is a critical element.
- Modification of Penalties
- Whether the sentence imposed (reclusion perpetua) for a crime essentially not meeting the criteria of full penetration should be modified to reflect the proper categorization of the crime (i.e., reclusion temporal for rape by sexual assault or prision mayor for attempted qualified rape).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)