Case Digest (G.R. No. 246948)
Facts:
The People of the Philippines v. Reynaldo Gabatbat y Balboa, G.R. No. 246948, July 05, 2021, Supreme Court Third Division, Lopez, J., writing for the Court.The criminal case arose from events of January 20, 2011, when AAA, then 14 years old, was allegedly sexually assaulted in a vacant lot in Quezon City by Reynaldo Gabatbat y Balboa (the accused). AAA testified that Gabatbat chased, caught and dragged her into a hut, punched and hit her, pointed a knife at her neck, removed clothing, mounted her and inserted his penis into her vagina, and threatened to kill her family if she reported the incident. AAA disclosed the assault to her mother, BBB, about two months later; she was subsequently examined and a medico-legal officer, Dr. Joseph C. Palmero, issued a Medico-Legal Report dated March 22, 2011 noting a healed hymenal laceration and evidence of prior blunt or penetrating genital trauma. AAA executed a sworn statement on March 23, 2011.
An information was filed on May 28, 2012 charging Gabatbat with rape, alleging statutory rape under Article 266-B(10) (i.e., the victim is a person suffering from mental disability). Gabatbat pleaded not guilty and, at trial, the prosecution presented AAA, BBB and Dr. Palmero plus documentary exhibits (including the medico-legal report and AAA’s sworn statement); the defense presented the accused as its lone witness, asserting denial and an alibi (he claimed to have been selling vegetables all day) and suggesting BBB bore ill will toward him.
On September 27, 2016, the Regional Trial Court (Quezon City, Presiding Judge Roberto P. Buenaventura) convicted Gabatbat of simple rape under subparagraph (b) of Article 266-A (rape when the offended party is deprived of reason), sentencing him to reclusion perpetua and awarding P30,000 civil indemnity and P30,000 moral damages. The RTC declined to appreciate the qualifying circumstance under Article 266-B(10) for lack of proof and because it was not alleged in the information.
The Court of Appeals (CA) in CA‑G.R. CR‑HC No. 09441 affirmed th...(Subscriber-Only)
Issues:
- Whether the accused-appellant is guilty of simple rape under Article 266-A, paragraph 1(b) (when the offended party is deprived of reason) of the Revised Penal Code.
(If not, whether he is guilty under Article 266-A, paragraph 1(a) — through force...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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