Case Digest (G.R. No. 200157)
Facts:
This case involves Joery Deliola y Barrido, also known as "Jake Deliola," who was charged with two counts of Statutory Rape committed against his niece, MMM, an 11-year-old minor, in Manapla, Negros Occidental, in June and July 2002. At the time of the incidents, the accused was 15 years old. The Informations allege that the accused, employing a bladed weapon for force, threat, and intimidation, unlawfully had carnal knowledge of MMM twice, under the aggravating circumstances of their familial relationship and the victim’s minority. Upon arraignment, the accused pleaded not guilty.
During the joint pre-trial, stipulations were made: the court's jurisdiction was admitted; the accused was identified as the niece's uncle and neighbor; the victim was 11 years old and a grade school pupil; and the accused was not attending school. At trial, the victim recounted two separate incidents in which the accused forced her to submit through threats and a knife, penetrating
Case Digest (G.R. No. 200157)
Facts:
- Parties and Case Background
- Accused-appellant: Joery Deliola y Barrido, aka "Jake Deliola," a 15-year-old male.
- Victim: [MMM], a minor girl aged 11 years at the time of the incidents.
- Location and Jurisdiction: Municipality of Manapla, Negros Occidental, Philippines; Regional Trial Court (RTC) Branch 69, Silay City.
- Charges: Two counts of Statutory Rape under Criminal Case Nos. 5214-69 and 5215-69.
- Nature of Charges: Accused-appellant was charged with having carnal knowledge of the victim, his niece, through force, threat, and intimidation, using a bladed weapon, with qualifying aggravating circumstances of relationship and the victim's minority.
- Incident Details
- First Incident (June 2002):
- Victim went to a nipa plantation; accused-appellant appeared with a knife, threatened her by poking the knife at her neck; ordered her to bend over and removed her shorts and underwear.
- Despite resistance, accused forced himself on victim; victim cried in pain; accused threatened her not to report the incident.
- Victim noticed bloodstains after bathing; did not disclose incident immediately due to fear.
- Second Incident (1 July 2002):
- Victim was again at the nipa plantation; accused approached, poked victim’s back with knife, threatened to stab if she disobeyed.
- He forced victim to expose herself and raped her again. Victim cried but remained silent thereafter for fear of threats.
- Proceedings and Evidence
- Victim’s Disclosure: Victim disclosed the incidents two weeks after the second rape when grandmother noticed her difficulty walking.
- Medical Examination: Conducted by Dr. Edbert Jayme, Municipal Health Officer. Findings included:
- Hyperemia of the vulva (redness, swelling) caused by blunt object or erect penis.
- Fresh incomplete hymenal lacerations at the 3:00 and 7:00 positions caused within two weeks prior to examination.
- Victim’s vagina admitted two fingers with ease—unusual for an 11-year-old.
- Accused’s Defense: Denied all accusations; claimed alibi of fishing with his grandfather at the time of incidents. Did not produce grandfather as witness.
- Trial Court’s Findings and Sentence
- RTC found accused-appellant guilty beyond reasonable doubt of two counts of Statutory Rape.
- Sentenced to suffer reclusion perpetua in both cases; ordered to pay moral and exemplary damages in the amount of ₱50,000 each per count.
- Full credit for detention pending trial was granted.
- Court of Appeals (CA) Ruling
- CA affirmed RTC’s decision on criminal liability.
- Suspended accused-appellant’s sentence pursuant to Republic Act No. 9344 (Juvenile Justice and Welfare Act) as he was a child in conflict with the law.
- Modified damages awarded: ₱75,000 each for civil indemnity and moral damages, ₱30,000 each for exemplary damages per count.
- Case remanded for appropriate disposition under RA 9344.
- Supreme Court (SC) Proceeding and Affirmation
- Accused-appellant appealed the CA decision.
- Parties dispensed with supplemental briefs.
- SC rendered judgment affirming CA’s ruling with modifications on damages and directing appropriate implementation of RA 9344 provisions.
Issues:
- Whether or not accused-appellant Joery Deliola y Barrido is guilty beyond reasonable doubt of two counts of Statutory Rape against the minor victim, [MMM].
- Whether the plea of denial and alibi of the accused-appellant is sufficient to overturn the conviction.
- Whether the Information was sufficient despite lack of precise date of the commission of the offense.
- The proper penalty to be imposed considering the accused-appellant’s age and circumstances.
- The proper award for damages to be granted to the victim.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)