Case Digest (G.R. No. 183619)
Facts:
People of the Philippines v. Salvino Sumingwa, G.R. No. 183619, October 13, 2009, Supreme Court Third Division, Nachura, J., writing for the Court.The appellant, Salvino Sumingwa, was criminally charged by multiple Informations for sexual offenses allegedly committed against his minor daughter, AAA, when she was fifteen to sixteen years old. The prosecutions comprised two counts of Acts of Lasciviousness (Crim. Nos. 1644, 1645), four counts of Rape (Crim. Nos. 1646, 1647, 1649, 1654), three counts of Unjust Vexation (Crim. Nos. 1648, 1652, 1655), one count of Other Light Threats (Crim. No. 1650), one count of Maltreatment (Crim. No. 1653) and one count of Attempted Rape (Crim. No. 1651). Appellant pleaded not guilty; he filed a demurrer to evidence that led the Regional Trial Court (Branch 35, Bontoc, Mountain Province) on September 24, 2004 to dismiss several Informations (Crim. Nos. 1647, 1648, 1650, 1652, 1653).
AAA testified to a series of incidents from August 1999 through May 27, 2001: in August 1999 appellant fondled her breasts; in September 1999 he forced her to grasp and fondle his penis until he ejaculated; in August 2000 he lay on top of her, partly removed her clothes and partially inserted his penis; in September and November 2000 he rubbed his penis against her without penetration; on November 24, 2000 he threatened her with a bolo when she refused; on December 20, 2000 he pulled her inside the house and kissed her; and on May 27, 2001 he pulled down her short pants in the comfort room and repeatedly rubbed his penis on her vagina. AAA reported the abuses to her grandmother and underwent medico-legal examination, which showed no extragenital injuries but old, healed and incomplete hymenal lacerations. Appellant denied the charges, giving various alibis (presence in Antipolo, Baguio, Quirino) and alleging family conflict.
On November 24, 2004 AAA executed an Affidavit of Recantation, stating she had exaggerated and that there was no penetration, and claiming she had been prodded by her mother and grandmother. Despite this, on February 14, 2006 the RTC rendered a consolidated judgment convicting appellant of six counts of Acts of Lasciviousness (Crim. Nos. 1644, 1645, 1646, 1649, 1654), one count of Attempted Rape (Crim. No. 1651) and one count of Unjust Vexation (Crim. No. 1655), awarding assorted penalties and damages while having dismissed other charges via demurrer.
The Court of Appeals, in CA-G.R. CR No. 30045, January 31, 2008 (Vidal, J.), affirmed the RTC with modification: it upgraded conviction in Crim. No. 1646 to Qua...(Subscriber-Only)
Issues:
- In light of the victim's subsequent recantation, should AAA’s testimony be credited and are the convictions for sexual offenses sustained?
- Was the conviction for Attempted Rape in Criminal Case No. 1651 supported by proof of the overt acts required for attempt?
- Did the prosecution prove force, violence or intimidation (or their legal equivalents) to sustain convictions for rape and related sexual offenses against a minor and the attendant aggravating...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)