Case Digest (G.R. No. 227004)
Facts:
People of the Philippines, G.R. No. 127904, December 05, 2002, the Supreme Court En Banc, Callejo, Sr., J., writing for the Court. The case is an automatic review of the decision of Branch 95 of the Regional Trial Court (RTC), Quezon City (Judge Diosdado M. Peralta), which found Esteban Victor y Penis (accused‑appellant) guilty beyond reasonable doubt of qualified rape in Criminal Case No. Q-96-67322 and of acts of lasciviousness in Criminal Case No. Q-96-67323.The information in Crim. Case No. Q-96-67322 charged accused‑appellant, alleged to be the stepfather of the then 13‑year‑old complainant Marilyn Villanueva, with having undressed her, placed himself on top of her and had carnal knowledge of her by force and intimidation sometime in May 1996. The information in Crim. Case No. Q-96-67323 charged him with committing acts of lasciviousness (mashing her private parts) on August 5, 1996.
At arraignment accused‑appellant pleaded not guilty and the cases were consolidated for joint trial. The prosecution presented two witnesses: Marilyn Villanueva and Dr. Rosaline O. Cosidon (Medico‑Legal Officer). Marilyn testified that in May 1996 accused‑appellant entered her room with a knife, threatened her, undressed her, pinned her down, inserted his penis into her and raped her; he also kissed and fondled her, threatened her to keep silent, and thereafter repeatedly kissed and touched her until the August 5, 1996 incident when he again touched and kissed her, after which she fled to her sister and reported the abuse. Dr. Cosidon performed a genital examination on August 6, 1996 and reported healed lacerations on the hymen consistent with prior penetration; smears were negative for spermatozoa. The parties stipulated that Marilyn was 13 years old at the time of the offenses, dispensing with proof of birth certificate.
Accused‑appellant testified denying the rape and lascivious acts, claiming he and Marilyn’s mother, Julieta Corpuz, were married (or at least lived together), that Marilyn had been living elsewhere for study, and that Marilyn had previously been raped in 1995 by another person. He undertook but failed to present a marriage certificate.
The RTC convicted and in its dispositive portion sentenced accused‑appellan...(Subscriber-Only)
Issues:
- Was the special qualifying circumstance of a stepfather‑stepdaughter (or common‑law spouse) relationship alleged and proved so as to warrant imposition of the death penalty under Article 335 of the Revised Penal Code, as amended by RA 7659?
- If the death penalty is not warranted, what is the appropriate conviction and penalty for the rape charge, and what civil damages should be awarded?
- Did the acts of August 5, 1996 constitute the felony of acts of lasciviousness rather than the lesser offense of unjust vex...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
- (Subscriber-Only)