Case Digest (G.R. No. 260704)
Facts:
In People of the Philippines vs. Marlon Conti y Paraggua (G.R. No. 260704, February 27, 2023), the respondent-appellant Marlon Conti was charged in two separate informations before the Regional Trial Court (RTC) of Tuguegarao City, Branch 4, Cagayan. In Criminal Case No. 16451, Marlon, the live-in partner of complainant BBB, was accused of violating Section 5(a), in relation to Section 6(a), of Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004) for allegedly boxing, mauling, threatening with a firearm, and inflicting injuries on BBB on November 13, 2013, at their home in Cagayan. In Criminal Case No. 16452, he was charged with statutory rape under Article 266-A(1)(d) of the Revised Penal Code (as amended by RA 8353), for inserting his finger into the vagina of AAA, a seven-year-old daughter of BBB, and thereafter engaging in sexual intercourse with her, without consent, on the same date and place. At arraignment, Marlon pleaded not guilty and was ...Case Digest (G.R. No. 260704)
Facts:
- Background and Charges
- On or about November 13, 2013, in Tuguegarao City, Marlon Conti y Paraggua was charged with:
- Violation of Section 5(a) in relation to Section 6(a) of RA 9262 (Anti-VAWC Act) for physically abusing BBB, his live-in partner.
- Statutory Rape under Article 266-A(1)(d) of the RPC for having carnal knowledge of AAA, a 7-year-old minor.
- At arraignment, Marlon pleaded not guilty; the cases were tried jointly.
- Prosecution Evidence
- BBB and her daughter AAA testified that on the date in question Marlon:
- Boxed and mauled BBB, threatened her with a gun.
- Pulled down AAA’s shorts, inserted his finger then his penis into AAA’s vagina—BBB witnessed both acts.
- Dr. Mila-Simangan’s medicolegal report (Nov. 15, 2013) found hymenal lacerations at the 5 and 9 o’clock positions on AAA; BBB filed the complaint the next day.
- Defense Evidence
- Marlon denied wrongdoing and invoked alibi, claiming he spent the night of Nov. 13, 2013 in a warehouse in Buntun, Tuguegarao City.
- Co-worker Faustino Rodríguez testified that both he and Marlon stayed overnight at the warehouse but in separate rooms about 15 m apart and could not see each other’s activities.
- Procedural History
- RTC, Branch 4, Tuguegarao City (Sept. 18, 2019): convicted Marlon of RA 9262 (arresto mayor + ₱100,000 fine) and Statutory Rape (reclusion perpetua + ₱225,000 total damages).
- CA (Aug. 13, 2021): limited appeal to statutory rape; affirmed with modification by imposing 6% legal interest on damages. Appeal elevated to the SC.
Issues:
- Did the Court of Appeals commit reversible error in affirming Marlon’s conviction for Statutory Rape?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)