Case Digest (G.R. No. 223708)
Facts:
People of the Philippines v. Norieto Monroyo y Mahaguay, G.R. No. 223708, June 28, 2017, the Supreme Court First Division, Perlas‑Bernabe, J., writing for the Court.The prosecution charged Norieto Monroyo y Mahaguay (accused‑appellant) by four Informations filed October 13, 2004 in the Regional Trial Court (RTC) of Oriental Mindoro, Branch 40: three counts of Acts of Lasciviousness (Crim. Case Nos. C‑04‑7785, C‑04‑7786, C‑04‑7787) allegedly committed against AAA (then 14 years old) on 13 October, 15 October and 24 August 2003; and one count of Rape (Crim. Case No. C‑04‑7788) allegedly committed against BBB (then 16 years old) on 18 November 2003. The Informations recited that the acts were done by force or intimidation and, in the rape count, alleged the qualifying circumstance of relationship and the victim’s minority.
The factual account presented at trial was that Monroyo, AAA and BBB’s uncle (husband of the girls’ mother’s half‑sister), repeatedly touched AAA’s private parts on the dates alleged and, on 18 November 2003, forcibly had carnal knowledge of BBB in the family dwelling; BBB later underwent a medical exam by Municipal Health Officer Dr. Ma. Virginia R. Valdez who documented healed hymenal lacerations. Monroyo denied the charges and testified that the girls had grabbed his belt bag and that any contact resulted from his attempts to retrieve the bag and to discipline them.
The RTC rendered two decisions dated 16 November 2011: a Joint Decision in the three Acts of Lasciviousness cases finding Monroyo guilty and imposing imprisonment terms (and damages), and a separate Decision finding him guilty of Rape and imposing reclusion perpetua with corresponding damages. The RTC credited AAA’s and BBB’s testimonies and the medical evidence, and found Monroyo’s denial unconvincing.
On appeal, the Court of Appeals (CA) in CA‑G.R. CR‑H.C. No. 06078 affirmed the RTC in a decision dated May 27, 2015, holding the trial court’s credibility findings entitled to respect and rejecting ...(Subscriber-Only)
Issues:
- Does the erroneous designation of the statute in the Informations (naming Acts of Lasciviousness but alleging facts under RA 7610) vitiate the Informations?
- Whether the evidence suffices to convict Monroyo of three counts of Acts of Lasciviousness as charged.
- Whether the evidence suffices to convict Monroyo of Rape and whether the qualifying circumstances of minority and relationship were properly alleged and proven so as to s...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)