G.R. No. 100776 - Co vs. Court of Appeals

The case involves the People of the Philippines as plaintiff-appellee and Renato Dadulla y Capanas as defendant-appellant.
The defendant is a father accused of sexually abusing his daughter (represented by the initial AAA) along with other criminal acts, where the familial relationship plays a central role.

Charged on January 15, 1998 in the City of Marikina.
The information alleges that the accused, by means of threats, force, and intimidation, unlawfully committed carnal knowledge with AAA against her will.

Criminal Case No. 98-2305-MK (attempted rape, later characterized as acts of lasciviousness)

Charged on January 22, 1998 in Marikina City.
The information claims that by using force and lewd design, the accused endeavored to initiate rape, but did not complete all acts necessary to consummate the crime, leading instead to acts of lasciviousness.

Occurrence in the family's bedroom where AAA was asleep with her five younger siblings.
The accused, while wielding a bladed weapon, undressed AAA and initiated unwanted sexual contact.
Despite resistance and the threat to her life, he forcibly kissed, molested, and had carnal knowledge of her.
AAA later recalled that this was not the first instance of sexual abuse, having experienced similar abuse on February 14, 1992.

AAA was again disturbed during sleep as the accused began touching her and manipulating her clothing (unzipping her shorts and unbuttoning them).
In a bid to resist his advances, AAA re-zipped and re-buttoned her shorts and sought cover under a wooden bed.
The accused attempted to pull her out from under the bed, employing both physical force and intimidation.
Testimonies from AAA and her younger sister, BBB, corroborated the father's actions and his verbal instructions for AAA to leave the house following the incident.
Subsequent to the events, AAA reported the incident to an uncle (CCC) and underwent physical and genital examinations which revealed a deep healed hymenal laceration.

AAA’s detailed and consistent testimonial account of the abuse, including her prior experiences and immediate reaction after the incidents.
Physical evidence from medical examinations supporting the occurrence of sexual abuse.
Corroborative testimony from BBB regarding the father’s behavior and his command for AAA to leave the house.

The accused denied molesting AAA, presenting an alternative narrative regarding the timeline of events.
He contended that on January 15, 1998, the siblings had gone out and returned much later, thereby disputing the factual timeline of the reported events.
Claimed that AAA was no longer a virgin due to alleged past assaults by other individuals in earlier years (reported as occurring in 1992 and 1993).

On March 24, 1999, the RTC found the accused guilty on both charges.
Convicted for rape in Criminal Case No. 98-2304-MK, imposing the death penalty, and for attempted rape in Criminal Case No. 98-2305-MK, imposing an indeterminate penalty along with orders for civil indemnity and moral damages.

On January 20, 2006, the CA modified the RTC’s decisions.
In Criminal Case No. 98-2304-MK, the accused was convicted of simple rape (reclusión perpetua) instead of qualified rape due to the failure of the criminal information to state the relationship between the accused and the victim as a qualifying circumstance.
In Criminal Case No. 98-2305-MK, the accused was found guilty of acts of lasciviousness rather than attempted rape, with a revised penalty ranging from six months of arresto mayor to four years and two months of prision correccional.

The RTC had initially awarded exemplary damages based on the aggravating nature of the offenses.
The CA later modified the civil liabilities, awarding exemplary damages in the amounts of P30,000.00 for the rape and P10,000.00 for the acts of lasciviousness, reflecting the presence of aggravating circumstances such as the familial relationship.

Whether the failure of the criminal information to allege the relationship between the accused and the victim precluded the imposition of the graver offense (qualified rape) for the incident on January 15, 1998.
Whether the actions committed on January 22, 1998 should be classified as attempted rape or merely as acts of lasciviousness, based on the evidence of intent and physical conduct.
Whether the imposition of the death penalty in the RTC decision for the charge in Criminal Case No. 98-2304-MK was proper given the absence of a specific qualifying circumstance in the information.
Whether the revision by the CA in reclassifying the offenses (simple rape and acts of lasciviousness) and adjusting the corresponding penalties was supported by the evidence.
Whether the award of exemplary damages under Article 2230 of the Civil Code, despite the non-specification of the aggravating circumstance in the criminal information, was proper in acknowledging the victim’s private losses.