Case Digest (G.R. No. 207633)
Facts:
People of the Philippines v. Johnlie Lagangga y Dumpa, G.R. No. 207633, December 09, 2015, Supreme Court Second Division, Del Castillo, J., writing for the Court. The accused-appellant is Johnlie Lagangga y Dumpa; the plaintiff-appellee is the People of the Philippines.On March 9, 2004 an Information for rape under paragraph 1(a) of Article 266-A of the Revised Penal Code was filed against appellant alleging that on or about February 9, 2004 at dawn in Agusan del Norte the accused, “by means of force, threat and intimidation,” had carnal knowledge of the offended party (“AAA”) against her will. At arraignment on July 12, 2004 appellant pleaded not guilty and trial on the merits followed after pre-trial.
The prosecution’s case, as summarized by the Office of the Solicitor General and adopted by the Court of Appeals, was that at about 2:00 A.M. on February 9, 2004 the private complainant and her three children were asleep when a masked man entered; the complainant felt a knife at her neck, then saw the intruder remove his makeshift mask and, by kerosene-lamp light, identified him as their neighbor, appellant. The complainant testified that appellant boxed her in the abdomen, rendering her unconscious; when she regained consciousness about an hour later she found her panty removed and noted mucous/secretion consistent with sexual assault. Her eldest son (BBB) testified he awakened to see appellant on top of his unconscious mother, undressing her and making thrusting movements. The complainant reported the incident to their Purok president and to police; affidavits were taken and the son later gave a sworn statement.
Appellant admitted sexual intercourse with “AAA” but claimed it was consensual. He testified that he had visited her house the evening before and that they engaged in sexual relations voluntarily in the sala at about 10:00 P.M.; he denied using force and said they were lovers. The trial court (Regional Trial Court, Branch 34, Cabadbaran City) found the complainant credible and, in a Decision dated January 7, 2011, convicted appellant beyond reasonable doubt of rape and sentenced him to reclusion perpetua, ordering payment of P50,000.00 as civil indemnity. The Court of Appeals, in CA-G.R. CR-HC No. 00940, by Decision dated April 16, 2013 affirmed the conviction but modified the civil awards, adding P50,000.00 as moral damages and P30,000.00 as exemplary damages with 6% interest from finality. Appellant pursued the present appeal to the Supreme Court to obtain reversal, essentially re...(Pro-only)
Issues:
- Was the evidence sufficient to convict appellant of rape beyond reasonable doubt?
- Did appellant’s right to due process suffer prejudice because the RTC’s finding that the rape occurred while the victim was unconscious differed from the mode of commission alleged in the Information (force, thr...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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