Case Digest (G.R. No. 219889)
Facts:
In People of the Philippines vs. Edwin Dagsa y Bantas @ “Wing Wing” (G.R. No. 219889, January 29, 2018), the accused-appellant, cousin of the victim’s father, was charged with the rape of his four-year-old cousin, AAA, on October 11, 2004, in Paykek, Municipality of Kapangan, Province of Benguet. After dismissal from school, AAA walked home with classmates Michael and Jomie when the appellant blocked their path, told the others to go ahead, and lured AAA with candy. The classmates witnessed him remove the child’s panty and fondle her vagina. At home, AAA removed her panty and the following day, during her bath, complained of pain and disclosed to her mother, BBB, that the appellant “played with her vagina and inserted his penis in it.” BBB confirmed the account with the classmates and reported the incident to the police. In an Information dated November 25, 2004, the Provincial Prosecutor charged appellant with rape under Article 266-A(1)(d) of the Revised Penal Code, as amendedCase Digest (G.R. No. 219889)
Facts:
- Incident
- On October 11, 2004, four-year-old AAA was walking home in Kapangan, Benguet, with classmates Michael and Jomie when her father’s cousin, Edwin Dagsa y Bantas (“Wing Wing”), blocked their path, told the classmates to go on, and offered AAA candy.
- The classmates saw accused remove AAA’s panty and fondle her vagina. At home, AAA removed her panty, said she no longer wanted it, and the next day, while being bathed by her mother, BBB, AAA refused washing of her genital area, claiming pain, and told her mother that Wing Wing “played with” and “inserted his penis” into her vagina.
- Procedural History
- The Benguet Provincial Prosecutor filed an Information (Nov. 25, 2004) charging accused with rape under Revised Penal Code (RPC) Art. 266-A(1)(d) and 266-B(6)(5), as amended by Republic Act No. 8353, in relation to RA 7610. Accused pleaded not guilty.
- At trial, prosecution presented BBB, Michael, Jomie, the police officer who took their statements, and the psychologist who examined AAA; no medical or defense evidence was offered.
- RTC of La Trinidad, Benguet (Branch 9) rendered judgment (Sept. 21, 2012) finding accused guilty of rape, sentencing him to reclusion perpetua and damages.
- The Court of Appeals (CA) (Aug. 29, 2014) reversed the rape conviction for lack of proof of carnal knowledge, but convicted accused of acts of lasciviousness under RPC Art. 336 in relation to Sec. 5(b), RA 7610, imposing an indeterminate sentence of 13 years, 9 months, 11 days to 16 years, 5 months, 9 days plus damages.
- Accused appealed to the Supreme Court, which granted due course.
Issues:
- Whether the prosecution proved beyond reasonable doubt the carnal knowledge element of rape.
- Whether AAA’s statements to BBB and the police officer are admissible as part of the res gestae or constitute hearsay.
- Whether the acts observed by the classmates amount to rape or only to acts of lasciviousness.
- Whether, under the variance doctrine, accused can be convicted of the lesser included offense of acts of lasciviousness.
- What is the proper penalty for acts of lasciviousness under RPC Art. 336 in relation to Sec. 5(b), RA 7610, for a victim under twelve years old.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)